APHC010541012025 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: 10552/2025 Between: 1. ASAM SURESH, S/O SRI SATYANARAYANA, AGE 46 YEARS, OCC BUSINESS, R/O DOOR NO. 3-1/3, ANNAVARAM STREET, CHODAVARAM - 531 036, ANAKAPALLI DISTRICT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT AT AMARAVATI THROUGH ITS SUB INSPECTOR OF POLICE CHODAVARAM P.S., ANAKAPALLI DISTRICT 2. THE DEPUTY TAHSILDAR, CIVIL SUPPLIES, CHODAVARAM - 531 036, ANAKAPALLI DISTRICT ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. N SIVA REDDY Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10552/2025 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 No.5, seeking quashment of the proceedings pending against him in C.C.No.585 of 2023 on the file of the Court of learned Additional Judicial First Class Magistrate, Chodavaram, registered for the offences punishable under Sections 420 r/w 34 of IPC and Section 7(1) of Essential Commodities Act. 2. Heard Sri N.Siva Reddy, 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 the petitioner herein is a Rice Mill Owner. He would further submit that except for the confession statement of the co-accused from whom the alleged PDS rice was seized by the police, there is no whisper with regard to the involvement of the petitioner. 4. 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 order passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, wherein it was held as 3 follows. “9. As seen from the contents of the complaint as well as the charge sheet, it is clear that the Petitioner/Accused No.3 is alleged to have been the proposed purchaser of the PDS rice. Except the confessional statement of Accused Nos.1 and 2, there is no iota of evidence to prove that the Petitioner/Accused No.3 has committed the alleged offence. Further, no property has been seized from his possession. In such circumstances, registration of the crime against the Petitioner on the allegation of illegal procurement of PDS rice and its sale in the black market, and continuation of prosecution against him, is not tenable under law. 10. In view of the guideline No.3 in Bhajanlal’s case (supra), the allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of the alleged offences by the Petitioner/Accused No.3. As such, this Court finds that there are justifiable grounds to exercise its jurisdiction under Section 482 Cr.P.C. Therefore, as the very ingredients of the offending Sections are not attracted against the Petitioner/Accused No.3, the criminal proceedings initiated against him are liable to be quashed. 11. In result, the Criminal Petition is allowed and the proceedings against Petitioner/Accused No.3 in C.C.No.113 of 2019 on the file of the Court of Judicial Magistrate of First Class, Dhone for the offence under Section 420 read with 34 IPC and Section 7(1) of the Essential Commodities Act, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed.” 5. In the light of the Order referred supra passed by this Court in Criminal Petition No.3243 of 2022, dated 31.12.2024, and taking into consideration of 4 the facts and circumstances of the case that the petitioner herein is also alleged to have been the proposed purchaser of P.D.S. Rice, in the absence of any ingredients, prima facie, to attract the offence under Section 420 much less under Section 7 of E.C.Act, continuing criminal proceedings against the petitioner is unwarranted, this Criminal Petition is allowed, by quashing the proceedings pending against the petitioner/Accused No.5 in C.C.No.585 of 2023 on the file of the learned Additional Judicial First Class Magistrate, Chodavaram, registered for the offences punishable under Sections 420 r/w 34 of IPC and Section 7(1) of Essential Commodities Act, 1955. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.10.2025. UPS 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10552/2025 Dated.15.10.2025 UPS 123