APHC010630902025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] MONDAY, THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12145/2025 Between: 1. NAGABAIRU RAMA RAO, S/O. VENKATA SUBBAYA AGE 66 YEARSNTR CENTER, TIMMAPURAM, GUNTUR GUNTUR DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTORHIGH COURT OF ANDHRA PRADESH AT AMARAVATHI. 2. THE DEPUTY THASILDHAR, PDSBANDAR MANDAL AT MACHILIPATNAM KRISHNA 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 Court may be pleased to quash the proceedings in C.C. No. 549 of 2025 on the file of the Judicial First Class Magistrate Special Mobile Court Machilipatnam Krishna District against the Petitioner/Accused No. 1 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 dispense with the filing of the certified copy of C.C. No. 549 of 2025 on the file of the Judicial First Class Magistrate Special Mobile Court Machilipatnam Krishna District and pass 2 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 to stay all further proceedings including appearance of the Petitioner/Accused No. 1 in C.C. No. 549 of 2025 on the file of the Judicial First Class Magistrate Special Mobile Court Machilipatnam Krishna District 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 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 12145 OF 2025 ORDER: The instant Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ‘BNSS’), has been filed by the petitioner/Accused No.1 seeking quashment of the proceedings in C.C.No.549 of 2025 on the file of the Judicial First Class Magistrate, Special Mobile Court, Machilipatnam. 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, Krishna, to ventilate their grievance regarding the seizure. Learned counsel would further submit that 4 the Joint Collector passed an order imposing 10% of the value of the confiscated stock and a fine of Rs.5,000/- on each of 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.5,000/- for each 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: 24.11.2025 SNI 5 86 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.12145 of 2025 Dt. 24.11.2025 SNI