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2025 DAILYLAW 43967 (AP)

PASUMARTHI BHASKARA RAO v. THE STATE OF ANDHRA PRADESH

CRLP/8727/2024 · 2025-03-19

Harinath N

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010543692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI THURSDAY,THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8727 OF 2024 Between: Pasumarthi Bhaskara Rao S/o Krishna Murthy Aged about Business, Telangana State. 45 years, Occ Khammam, R/o Gattaiah Center, Opp Babu Saree Mandir, ...PETITIONER/A-1 AND The State of Andhra Pradesh Buildings, Amaravati. rep. by its Public Prosecutor, High Court ...RESPONDENT Petition under Section 482 of Cr.P.C 1972 praying that in the of Criminal Petition, the records in Cr.No.620 of 2020 on the NTR District. circumstances stated in the Memorandum of Grounds High Court may be pleased to call for the file of the Kanchikacherla Police Station lA NO: 2 OF ?n9A Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the w ' High Court may be pleased to stay all further proceedings including the appearance of the Petitioners/Accused in Cr.No.620 of 2020 on the file of the Kanchikacherla Police Station, NTR District. Counsel for the Petitioner : SRI. ARUN KUMAR R Counsel for the Respondent : PUBLIC PROSECUTOR The Court made the following ORDER : f APHC010643692024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) H-i'S [3457] THURSDAY, THE TWENTIETH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 8727/2024 Between: 1.PASUMARTHI BHASKARA RAO, S/O KRISHNA MURTHY AGED ABOUT 45 YEARS, OCC BUSINESS, R/0 GATTAIAH CENTER, OPP BABU SAREE MANDIR, KHAMMAM, TELANGANA STATE. ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, rep. by its Public Prosecutor, High Court Buildings, Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to call for the records in Cr.No.620 of 2020 on the file of the Kanchikacherla Police Station, NTR District and quash the same lA NO: 1 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with filing the certified <— of the FIR in Cr.No.620 of 2020 on the file of the Kanchikacherla Police Station, NTR District and pass copy lA NO: 2 OF 2024 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to stay all further proceedings including the appearance of the Petitioners/Accusedin Cr.No.620 of 2020 on the file of the Kanchikacherla Police Station, NTR District, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused: 1.ARUN KUMAR R Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 HN, J Crl.P.No.8727 2024 The Court made the following Order: This petition is filed under Section 482 of the Code of Criminal 1. Procedure, 1973, seeking to quash the proceedings against the petitioner, who is the Accused in Crime No.620 of 2020, on the file of the Station House Officer, Kanchikacherla Police Station, NTR District, registered for the offence punishable under Sections 328, 269, 270 read with Section 34 of the I PC and Sections 5 and 22 of the Cigarettes.and other Tobacco products Prohibition. Advertisement and Regulation, Trade, production. Supply and Distribution Act, 2003. Heard the learned counsel for the petitioner and the learned Public 2. prosecutor appearing for the respondent. The counsel for the petitioners submits that this matter is squarely 3. covered by the order in Criminal Petition No.5442 of 2019 passed by this Court. A perusal of the said order would show that the Court relied on the 4. earlier orders of this Court passed in criminal Petition No.5244 of 2019 dated 23.09.2019 and Criminal Petition No.4060 of 2019 dated 12.07.2019 and quashed the proceedings therein, wherein it was held that since this Court already held that the facts therein, which are similar to the facts in this case, do not attract the said offences. 5. Therefore, the Criminal Petition is allowed and the proceedings against the petitioners in Crime No.620 of 2020, on the file of the Station 4 HN,- Crl.P.No.8727_2024\ House Officer, Kanchikacherla Police Station quashed. NTR District, are hereby As a sequel, pending miscellaneous petitions, if any, shall stand closed. SD/- SK.MOHAMMED RAFI ASSISTANT REGISTRAR /!ir" //TRUE COPY// SECTION OFFICER To, T The Station House District. 2. One CC to Sri. Arun Kumar R 3. Two CCs to the Public Amaravathi [OUT] 4. Two CD Copies Officer, Kanchikacherla Police Station, NTR Advocate [OPUC] Prosecutor. High Court of Andhra Pradesh at PR TAC % HIGH COURT DATED;20/03/2025 ORDER CRLP NO. 8727 OF 2024 0 Ii AUG 2025 m Co) O' ent ALLOWING THE CRLP