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2025 DAILYLAW 45782 (AP)

RAVIPATI KONDAIAH v. THE STATE OF ANDHRA PRADESH

CRLP/4950/2025 · 2025-05-04

Harinath N

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARA\/AT\ MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4950 OF 2025 Between: Ravipati Kondaiah, S/o. Late Adiparayana, Aged about 36 years, Occ ;Fair Price Shop Dealer, R/o. D. No. 2-9, Samanthapudi Village Kanigiri Division, Prakasam District. Darsi Mandal, ...PETITIONER/ACCUSED No.2 AND 1. The State Of Andhra Pradesh,mep. by the Public Prosecutor, ofA.P., at Amaravathi. i 2. S. Radha Prakasam, S/o. Venkata Ranga Reddy, aged about Enforcement Deputy Tahsfidar,-Yerragondapalem Prakasam District (Defacto Gomtjiainant). High Court 45 years, (Incharge Darsi), ...RESPONDENTS Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased tp quash the proceedings in F.I.R. No. 42 of 2025 on the file of Darsi Police Station, for the offences (4), r/w 3(5) B.N.S. and Section 7M Essential Commodities Act petitioner/A.2 under Sections 318 against the V' 'i ^ j * I.A. NO: 1 OFJ025 Petition under Section 528 of BNSS praying that in the ci/cumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings in FIR No.42 of 2025 on the file of Darsi Police Station, for the offences under Sections 310 (4), r/w 3(5) B.N.S. and Section 7 of Essential Commodities Act against the petitioner/A.2, including the arrest of the petitioner/ A2 in the said case, pending disposal of the main quash petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Rohith Pallepaga, Advocate for the^ Petitioner and the Public Prosecutor (AP) on behalf of the Respondent No. 1 The Court made the following APHC010232192025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] h • MONDAY, THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 4950/2025 Between: ...PETITIONER/ACCUSED Ravipati Kondaiah AND ...RESPONDENT/COMPLAINANT{S) The State Of Andhra Pradesh and Others Counsel for the Petitioner/accused: 1.ROHITH PALLEPAGA Counsel for the Respondent/complainant(S); 1. PUBLIC PROSECUTOR The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant ) Public Prosecutor appearing for the State. 2. The learned counsel for the petitioner submits that the petitioner is arraigned as an accused No.2 in Crime No.42 of 2025 on the file of Darsi Police Station, Prakasam District, for the alleged offences under Sections 318(4) r/w 3(5) of BNS and Section 7 of Essential Commodities Act. ^ 2 3. It IS submitted that the petitioner is arraigned as an accused No.2 based on the confession of the driver of the goods carrier vehicle. It is also submitted that the petitioner is a Fair Price Shop Dealer and 35(3) of BNSS has been issued. that a notice under Section 4. It is submitted that the complainant has also available with the petitioner and the stock on the confession of the 1"' accused, the not verified the stock as per the register. However, based petitioner is arrayed as an accused No.2. 5. Considering the same, this Criminal Petition is disposed off, leaving it open for the petitioner to submit the information as sought for and for the complainant to also consider the submission with regard to the stock and the stock register maintained by the petitioner. The police shall the investigation in accordance with the available complete provisions of Section 35(3) of BNSS. As a sequel, miscellaneous petitions pending, if any, sl)al(stand closed. Sd/- N NAGAMMA assistant^gis;frar SECTT^OFFICER //TRUE COPY// To, 1. The Station House Officer, Darsi Police station, Prakasam District 2. One CC to Sri Rohith Pallepaga, Advocate [OPUC] 3. Two CC to Public Prosecutor, High Court of Andhra Pradesh at Amaravathi [OUT] 4. Three CD Copies MV (gsg) HIGH COURT DATED: 05/05/2025 ORDER CRLP.No.4950 of 2025 ^2 3 JUN 2025 Co DISPOSING OFF THE CRIMINAL PETITION