APHC010548412025 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: 10688/2025 Between: 1. TUTTA APPALARAJU, S/O SURYANARAYANA ALIAS SURYA RAO , AGED ABOUT 35 YEARS, R/0 VEMULAPALEM VILLAGE, PRATHIPADU MANDAL, ANAKAPALLI.DT ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Through Prohibition and.Excise P .S,PrathipaduMandal,Kakinada District Rep. by its Public Prosecutor, High Court of Andhra Pradeshat Amravati. ...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 Crime No. 200/2025, dt.27-05-2025 of Prathipadu Police Station Proh and Excise, Prathipadu Mandal Kakinada district, for alleged offences u/s (B) r/w 8(B) of A.P.Prohibition aid Excise Act, Kakinada District. 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 to stay all further proceedings in Crime No 200/2025, dt. 27-05-2025 of Prathipadu Police Station, Proh and Excise Prathipadu mandal kakainda District, for alleged offences u/s/ 7(B)r/w 8(B) of A.P.Prohibition and Excise Act, Kakinada District. 2 Counsel for the Petitioner/accused: 1. CHITTIMURI RAGHAVULU Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10688/2025 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 No.3, seeking quashment of the proceedings in F.I.R.No.200 of 2025 on the file of the Prohibition and Excise Police Station, Prathipadu for the offences under Section 7(B) r/w 8(B) of APP Act, 2005 (Amendment) Act, 2020 r/w 34(e) 34(2) 31(1)(f) 41, 42(c) of AP Excise Act, 1968 and Flag of Gur regulation Act, 1968. 2. Heard Sri CH. Raghavulu, learned counsel for the petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor are in attendance. 3. Learned counsel for the petitioner would submit that this petition may be disposed of without causing any prejudice to their contentions raised by the petitioner in the present petition. 4. Learned Assistant Public Prosecutor would submit that the court may pass appropriate orders. 5. Without causing any prejudice to the rights and contentions of the petitioner, the Criminal Petition is disposed of. However, the presence of the petitioner/Accused No. 3 before the trial Court is dispensed with, unless his 4 presence is specifically directed by the trial Court. The petitioner is at liberty to file a fresh petition after the filing of the charge sheet, if so advised. Consequently, miscellaneous petitions, pending if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 15.10.2025 SNI 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10688/2025 Dated.15.10.2025 SNI 130