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2025 DAILYLAW 51377 (AP)

Bhora Sainadh v. The State of Andhra Pradesh

CRLP/10019/2025 · 2025-09-24

Venkata Jyothirmai Pratapa

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010511592025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10019/2025 Between: 1. BHORA SAINADH, S/O NARASIMHA RAO , AGE 33 YEARS ,R O FLOUSE NO. 4-2-103/8, VADRU PETA , ANJANEYA VAAGU ,KOTHAPETA, VIJAYAWADA TOWN, KRISHNA DISTRICT. 2. SHIK SHAJAHAN, S/OAHAMMAD , AGE 37 YEARSR/O DOOR NO. 198, KANDRIKA , PAYAKAPURAM , VIJAYAWADA TOWN KRISHNA DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Through the SFIO of Patamata P.S NTR Commissionarate . Rep,by its Public Prosecutor, High 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 direct to the respondent Police officer to release of Tobacco product Stock which was seized in view of the Crime has been quashed by this Hon'ble Court, in connection with F.I.R No. 113 /2025, dated 03-03- 2025, at Patamata Police Station in NTR Commissionerate, Vide Criminal Petition No.7365/2025 dated 16/7/2025,against the petitioners concern in the interest of the justice Counsel for the Petitioner/accused(S): 2 1. D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10019/2025 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 Petitioners/Accused Nos.1 & 2, seeking return of Tobacco Product Stock that was seized in connection with FIR No.113 of 2025 dated 03.03.2025, at Patamata Police Station, NTR Commissionerate. 2. Heard Sri D.Kasi Rao, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. Learned counsel for the petitioners would submit that the F.I.R registered against the petitioners was quashed by this Court vide Order dated 16.07.2025 in Criminal Petition No.7365 of 2025. Therefore, as the F.I.R registered against the petitioners was quashed, they are entitled for return of property that was seized from their possession. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate Orders. 5. In that view of the matter, this Criminal Petition is disposed of and the property that was seized from the possession of the petitioners in connection with the FIR No.113 of 2025 dated 03.03.2025, at Patamata Police Station, 4 NTR Commissionerate is directed to be released to the petitioners on proper identification and acknowledgement. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 25.09.2025 UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10019/2025 Dated.25.09.2025 UPS 129 8