IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE I PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA;. CRIMINAL PETITION NO: 8241 OF 2022 Between: Kesana Sundara Rao, S/o. Satyanarayana Rao, Aged 45 years, R/o. Near Ankamma Chettu, Peteru Village, Repalle Mandal, Guntur District. ...PETITIONER/ACCUSED N0.1 AND The State Of Andhra Pradesh, Rep by its Public Prosecutor High Court of Andhra Pradesh at Amaravati Through the Station House Officer Repalle Town Police Station, Guntur District. ...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 pleased to quash the Crime No. 114 of 2020 of Repalle Town P.S, Guntur District registered against the petitioner and direct the concern SHO to release the seized tobacco products I.A. NO: 2 OF 2022 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 grant stay of all further proceedings including the appearance of the Petitioners in Crime No. 114 of 2020 of r Repalle Town P.S, Guntur District, pending disposal of the main Criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SARANU PHANI TEJA, Advocate for the Petitioner and the Public Prosecutor (AP) on behalf of the Respondent. The Court made the following ORDER: 1 APHC010558722022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] TUESDAY ,THE TWENTY FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8241/2022 Between: Kesana Sundara Rao ...PETITIONER/ACCUSED AND The State Of Andhra Pradesh Counsel for the Petitioner/accused: ...RESPONDENT/COMPLAINANT 1.SARANU PHANI TEJA Counsel for the Respondent/complainant: 1.PUBLIC PROSECUTOR (AP) The Court made the following: 2 ' THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 8241/2022 ORDER: under Section 482 of the Code of Criminal The instant petition 1973 (in short “Cr.P.C.”) has been filed, by the petitioner/Accu sed seeking quashment of the proceedings against him in Crime No. 114 of the file of Repalle Town Police Station, Guntur District registered for offence under Sections 420 & 273 of Indian Penal Code, Sections 59, Procedure No.1 2020 on the 57(1) & 63 of Food Safety and Standards Act, 2006. 2. Heard Sri Saranu Phani Teja, learned counsel for the petitioner and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State, submitted by the learned counsel for the petitioners and acceded to, the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, wherein this Court held as follows. 3. It is by concerned, this Court by “But as far as the present cases are exercising the power under section 482 Cr.P.C and Mowing the mandate of the Hon’bie Supreme Court of india in State of Haryana v. tat and the judgment of the High Court of Atiahabad in india Hotdings(Pvt) Ltd., and Another (4 supra), is Bhajan M/s. PepsiCo constrained to hotd that ait the FiRs/cases that have been registered / under the provisions of the tPC, FSS Act and the COTPA Act are quashed, teaving it open to them, if they so desire to pursue the prosecution in respect of the offences under the other enactments, if any. The offences under the NDPS Act can be pursued. The offences 3 under the COTPA Act, limited grounds genuine/legitimate traders can only be launched if the police find that the cannot be prosecuted. It is hoped that copies of the Judge in Crl.P.No.3731 of 2018 orders passed by the learned single and batch and this order are widely and the Chief Secretary of the state of Andhra Pradesh circulated by the Director Genera! of Police the State of Andhra Pradesh throughout so that the time and effort of the police are devoted to more serious crimes. Whatever be the impact of tobacco an individual or the nation; products on the health of ^ ^ amended/modified it has to be followed. /Is held by many Courts earlier; it may be hard, but it is the law. With the above observations. the criminal petitions are allowed. 4 u following the said Orders Petition Nos. 5421 of 2019 consideration of the facts and ci ence passed by this Court in Criminal and batch, dated 18.12.2019, and taking into circumstances of the case, this criminal petition against the Petitioner/Accused No.1 in is allowed by quashing the proceedings Crime No. 114 of 2020 District registered for the offence Code and Sections 59, 57(1) & 63 on the file of Repalle Town Police Station, Guntur under Sections 420 & 273 of Indian Penal of Food Safety and Standards Act 2006. As a sequel thereto, closed. miscellaneous petitions pending, if any, shall stand Sd/- M PRABHAKAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Station House Officer Repalle Town Police Station, Guntur District. 2. One CC to SRI. SARANU PHANI TEJA, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court of Andhra Pradesh Amaravathi. [OUT] 4. Three CD Copies at NM / HIGH COURT DATED:25/04/2025 ORDER CRLP.No.8241 of 2022 ALLOWING THE CRIMINAL PETITION