APHC010666052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE TENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12792/2025 Between: 1. AYITHA KRISHNA, S/O. RANGAYYAAGE 63 YEARS R/O. DHARMAPURI COLONY,SAROOR NAGAR K.V. RANGAREDDY DISTRICT,TELENGANA STATE. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH AT AMARAVATI 2. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES KAMAVARAPUKOTA MANDAI/C T. NARASAPURAM MANDALELURU DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 CourtPleased to quash the Proceedings in C.C. No. 1834 of 2023 on the file of the Junior Civil Judge Cum Judicial Magistrate of First Class, Chintalapudi Against the Petitioner/Accused No.2 and to pass IA NO: 1 OF 2025 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 the filing of the certified copy of C.C. No. 1834 of 2023 on the file of the Junior Civil Judge Cum Judicial Magistrate of First Class IA NO: 2 OF 2025 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 of all further proceedings including appearance of the petitioner/Accused No.2 in the C.C. No. 1834 of 2023 on the file of the Junior Civil Judge Cum Judicial Magistrate of First Class Chintalapudi pending disposal of the criminal petition and to pass Counsel for the Petitioner/accused: 1. MARELLA RADHA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12792 OF 2025 ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 8Cr.P.C.9)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 8BNSS9), has been filed by the petitioner/Accused No.2 seeking quashment of the proceedings in C.C. No. 1834 of 2023 on the file of the learned Junior Civil Judge-Cum- Judicial Magistrate of First Class, Chintalapudi. 2. Heard Smt. Marella Radha, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioner would submit that in the proceedings under Section 6-A of the Essential Commodities Act, 1955 before the Joint Collector, there is a clear finding that the explanations submitted by the respondents, along with the connected records, were examined and found convincing. However, there appeared to be gross negligence on the part of the respondents in not producing the bills and other relevant documents before the inspecting officials at the time of inspection of the lorry. It is also observed that the respondents did not immediately approach the Joint Collector and Additional District Magistrate, Eluru District, Eluru, to ventilate his grievance regarding the seizure. Learned counsel would further submit that the Joint Collector passed an order imposing 10% of the value of the confiscated stock and a fine of Rs.12,000/- on the owners of the lorry for transporting rice without valid documents. 5. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders in this matter. 6. In the light of the observations made by the Joint Collector while conducting the enquiry under Section 6-A of the Essential Commodities Act, 1955, it appears that the only basis for registering the present criminal case is the non-submission of relevant documents at the time of inspection. Though the documents later furnished before the authority were found to be convincing, the transportation of rice without such documents attracted the order of confiscation of 10% of the stock and a fine of Rs.12,000/- for vehicle. In that view of the matter, no ingredients of the offence of cheating are made out. 7. Accordingly, the criminal petition is allowed. As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 10.12.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA 283 Crl.P.No.12792 of 2025 Dt. 10.12.2025 KKV HIGH COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.: CRIMINAL PETITION NO: 12792 OF 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 1 10.12.2025 Dr.VJP,J The Criminal Petition is allowed. (Vide separate order) ________ Dr.VJP, J KKV