\ \ A APHC010543092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10641 OF 2025 Between: Kotha Srinivasa Rao, S/oSubbaRao age 44 years, R/o flat No.404, Sri Ramakrishna Kasturibha Enclave Gudivada Rama Rao Street, Bhavanipuram Vijayawada town, Krishna District ...Petitioner/aCCUSED AND The State of Andhra Pradesh, Through the SFIO of Vijayawada town P.S NTR Commissionarate . Rep,by its Public prosecutor, Fligh Court of Andhra Pradesh At Amaravathi. ...Complainant/Respondent 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 to quash the proceedings in F.I.R No. 118 /2025 dated 16- 09-2025 at Vijayawada I town P.S, in NTR Commissionerate, against the petitioner/accused, subsequently direct the concerned Police station to return the tobacco property which was sized in connection with F.I.R No. 118 /2025 dated 16-09-2025. lA 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 to grant stay all further proceedingsin F.I.R No. 118 /2025 dated 16-09-2025 at Vijayawada I town P.S, in NTR •• » -I Commissionerate against petitioner /accused till the disposal of main quash ^ petition in the interest of the justice. ^ This Petition coming on for hearing, upon hearing the Memorandum of Grounds of Criminal Petition and upon hearing the hearing the arguments of Sri D.Kasi Rao, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent. The Court made the following Order: I APHC010543092025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10641/2025 Between: 1.KOTHA SRINIVASA RAO, S/OSUBBARAO AGE 44 YEARS, R/O FLAT NO.404, SRI RAMAKRISHNA KASTURIBHA ENCLAVE GUDIVADA RAMA RAO STREET, BHAVANIPURAM VIJAYAWADA TOWN, KRISHNA DISTRICT ...PETITIONER/ACCUSED AND 1.THE STATE OF ANDHRA PRADESH, Through the SFIO of Vijayawada town P.S NTR Commissionarate Rep,by its Public prosecutor, Fligh Court of Andhra Pradesh At Amaravathi. :| ...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 Court pleased to quash the proceedings in F.I.R No. 118 /2025 dated 16-09-2025 at Vijayawada I town P.S, in NTR Commissionerate, against the petitioner/accused, subsequently direct the concerned Police station to return the tobacco property which was sized in connection with F.I.R No. 118/2025 dated 16-09-2025 and pass lA NO: 1 OF 2025 i 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 to dispense with the proceedings in No. 118 /2025 dated 16-09-2025 at Vijayawada I town P.S, in NTR Commissionerate 2 and the petitioner did not obtain the certified copies of the said F.I.R No. 118/2025 dated 16-09-2025 ,and hence filed the photo copy of the same and the same may be dispense with against the petitioner /accused and lA 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 grant stay all further proceedings in F.I.R No. 118 /2025 dated 16-09- 2025 at Vijayawada I town P.S, in Commissionerate NTR against petitioner /accused till the disposal of main quash petition in the interest of the justice, and pass Counsel for the Petitioner/accused: 1.D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR pass 3 / THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10641/2025 / /// ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in FIR No.118 of 2025 of Vijayawada I Town Police Station, NTR Commissionerate, registered for the offences punishable under Sections 275 of BNS and Sections 20(2) of COTPA and to release the seized tobacco products to the petitioner. 2. Heard Sri D.Kasi Rao, learned counsel for the Petitioner/Accused and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. It is submitted by the learned counsel for the Petitioner and acceded to, by 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 and also the order dated 20.06.2025 in Crl.P.No.6056 of 2025 passed by a Coordinate Bench of this Court. 4. For ready reference the Order passed in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019 wherein this Court held as follows; "But as far as the present cases are concerned, this Court by exercising the power under section 482 Cr.P.C and following the mandate of the Hon’ble Supreme Court of India in State of Haryana i/. Bhajan lal and the judgment of the High Court of Allahabad In M/s.Pepsico India Holdings(Pvt) Ltd., and Another (4 supra), is constrained to hold that all the FIRs/cases that have been registered under the provisions of the IPC, FSS Act and the COTPA Act are quashed, leaving 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 under the COTPA Act, can only be launched if the police find that the sections 5, 6 7 and 10 are not complied with. Except on these very limited grounds genuine/legitimate traders cannot be prosecuted. It is hoped that copies of the orders passed by the learned single Judge in CrfP.No.3731 of 2018 and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State of Andhra Pradesh through out the state of Andhra Pradesh so that the time and effort of the police are devoted to more serious crimes. Whatever be the Impact of tobacco products on the health of an individual or the nation; till the law is amended/modified It has to be followed. As held by many Courts earlier; It may be hard, but it is the law. With the above observations, the criminal petitions allowed. ” are 5. Hence, in view of the said Common Order passed by this Court Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, and taking into consideration of the facts and circumstances of the case, this Criminal in r 5 Petition is allowed by quashing the proceedings against the Petitioner/Accused, in FIR No.118 of 2025 of Vijayawada I Town Police Station, NTR Commissionerate, registered for the offences punishable under Sections 275 of BNS and Sections 20(2) of COTPA. As the offences registered against the petitioner are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioner, identification and under acknowledgement. on proper As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- K KASIRAO ACHARI ASSISTANT REGISTRAR V //TRUE COPY// SECTION OFFICER To, I Town Police Station in N.T.R 1. The Station House Officer Commissionerate, Vijayawada. 2. One CC to Sri D KASI RAO, Advocate [OPUC] 3. Two CCS to the PUBLIC PROSECUTOR, High Court of Andhra Pradesh 4. Two CD Copies vna r \ f > HIGH COURT \ DATED: 15/10/2025 \ \ ORDER CRLP NO. 10641 OF 2025 ALLOWING THE CRIMINAL PETITION