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2025 DAILYLAW 43854 (AP)

GAJULAPALLI PATTABHI RAMAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/4703/2025 · 2025-04-28

Harinath N

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4703 OF 2025 Between: Gajulapalli Pattabhi Ramaiah, S/o Aainarayana , age about 49 years R/o Housw No.2/34, Kaapu Street, Porumamilla town and Mandal, YSR Kadapa District. ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh, Through the SHO of Porumamilla P.S, YSR Kadapa District. Rep,by its Public prosecutor. High Court of Andhra Pradesh At Amaravathi. ...RESPONDENT/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in charge sheet in S.C. No. 317/201990n the file of Hon'ble Court of Senior Civil Judge Court at Badvel, YSR Kadapa District against the petitioner/accu sed concern. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D KASI RAO ,Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent. The Court made the following: ORDER 1 'V, HN, J Crl.P.No.4703 2025 APHC010219172025 IN THE HIGPrCOURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] I TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4703/2025 Between: ...PETITIONER/ACCUSED Gajulapalli Pattabhi Ramaiah AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused: 1.D KASl RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 2 HN, J Crl.P.No.4703 2025 The Court m^de the following Order: 1. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent-State. The learned counsel for the petitioner submits that the petitioner is arraigned as an Accused in S.C.No.317 of 2019, on the file of Senior Civil Judge Courts at Badvel, YSR Kadapa District. 2. 5 3. It is alleged that the accused had purchased the prohibited noxious food he was selling the same without a valid license to the public. It is submitted that, though the petitioner is charged with the offence of purchasing noxious food items and selling them without permission, the police have registered the case and filed charge sheet in Badvel Urban Police Station in Crime No.72 of 2019, on the file of Porumamilla Police Station, YSR Kadapa District, for the offences under Sections 188, 272, 273, 328 and Sections 57 and 58 read with Sections 26 and 30 of the Food Safety and Standards Act, 2006. The learned counsel for the petitioner submits that the police do not have the jurisdiction to register the case under the provisions of Penal Code and that similar matters came up for consideration before this Court in the batch of quash petitions, which were decided by this Court in Criminal Petition No.3731 of 2018 4. 5. and batch vide order dated 27.08.2018. 6. It is pertinent to note that, in the aforesaid common order dated 27.08.2018, passed by this court in Criminal Petition No.3731 of 2018 and batch. a detailed analysis of the similar issues has been carried out and the proceedings against the petitioners therein were quashed. In view of tbe same. 3 HNJ ^ - Crl.P.No.4703 2025 the proceedings against the present petitioners are also liable to be quashed in terms of the above said common order. Accordingly, the Criminal Petition is allowed and the proceedingsagainst the petitioner/accused in S.C.No.317 of 2019, on the file of Senior Civil Judge Courts at Badvel, YSR Kadapa District, are hereby quashed. 7. As a sequel, pending miscellaneous petitions, if any, shall j^and closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Senior Civil Judge, Badvel,YSR Kadapa District. 2. One CC to SRI. D KASI RAO Advocate [OPUC] 3. Two CCs to THE PUBLIC PROSECUTOR, High Court of Andhra Pradesh [OUT] 4. Three C.D.Copies nm HIGH COURT DATED: 29/04/2025 ORDER CRLP.No.4703 of 2025 ALLOWING THE CRL.PETITION