IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4598 OF 2Q2fi Between: 1. K. Mallikharjuna Rao, S/o. Venkateswarlu, Saraswathi SishuMandhir Road District (Guntur District). 2. Kambhampati Anuradha, W/o. Galeswara R/O. H.No. 13-1-407. R/o. Saraswathi Sishumandhir Macherla Town, Palnadu District (Guntur District). 3. Sura Venkateswara Rao, S/o. Late Pullaiah Mallikarjupet. Guntur, Guntur District. Aged about 47 years, R/o. 14*'^ Ward, Macherla Town, Palnadu Rao, Aged about 40 years. Road, IS*'" Ward, Aged about 42 years, R/o. ...PETITIONER/A1 to A3 AND The State of Andhra Pradesh, Buildings, Amaravathi. Rep. by its Public Prosecutor, High Court ...RESPONDENT Petition under Section 528 of ^NSS-2023 under Section 482 of r.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminai Petition, the High Court may be pieased to quash the / r a // » ' proceedings in FIR No.55/2025 dated 01.04.2025 on the file of Macherla Town Police Station, Palnadu District. I.A. NO: 2 OF 2025 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 stay all further proceedings in FIR No.55/2025 dated 01.04.2025 on the file of Macherla Town Police Station, Palnadu District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Raja Reddy Koneti, Advocate for the Petitioner and the Public Prosecutor behalf of the Respondent. on The Court made the following ORDER : 1 CRLP. No.4598 of 2025 / APHC010214402025 IN THE HIGH COURT OF ANDHRA PRADESH ATAMARAVATI (Special Original Jurisdiction) [3457] TUESDAY ,THE TWENTY NINETH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4598/2025 Between; K Mallikharjuna Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1.RAJA REDDY KONETI Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 2 CRLP. No.4598 of 2025 THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION Nq.4598 of 2025 ORDER: 1. Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State respondent. 2. The present Criminal Petition has been filed Assistant seeking to quash the proceedings against the petitioners in Crime No.55 of 2025 on the file of Macherla Town Police Station, Palnadu District, registered for the offences punishable under Sections 6(B), 7(2), 20(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement Regulation of Trade and Commerce, and Production, Supply and Distribution) Act, 2003 and consequently direct the concerned Police to return the property seized in connection with the Crime. 3. The learned Assistant Public Prosecutor submits that the police, upon completion of investigation in Crime No.55 of 2025, filed charge sheet on 22.04.2025 and the same is yet to be numbered. 4. The learned counsel for the petitioners submits that the very inception of the F.I.R. is defective. The learned counsel, while placing reliance the decision of this Court in Criminal Petition No.3731 of 2018 and on batch, dated 27.08.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves allowed by quashing the proceedings against the petitioners. to be 5. The learned Additional Public Prosecutor fairly submits that the matter is covered by the common order passed by this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018. 6. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R., filed along with the material papers would clearly show that on the complaint of the Mandal Revenue Inspector. Macharla, the Police have registered the Crime against the petitioners in this case. 7. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.8.2018, for the alike, the Criminal Petition is allowed, quashing the proceedings against the petitioner in Crime No.55 of 2025 on the file of Macharla Town Police Station, Guntur District. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioners, and under acknowledgement. 8. Miscellaneous applications, pending if any, shall stand closed. suo motu reasons on proper identification SOI- U.SRIDEVI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Station House Officer, Macherla Town Police District. 2. One CC to SRI. RAJA REDDY KONETI Advocate [OPUC] 3. Two CCS to the Public Prosecutor. High Court of Andhra Pradesh at Amaravathi. [OUT] 4. Three CD Copies Station, Palnadu Chp TAC \ HIGH COURT DATED;29/04/2025 ORDER CRLP.No.4598 of 2025 f tj OCT ate ^ . CurrenI Secuon ^^ r- j ALLOWING THE CRIMINAL PETITION