1 APHC010671672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] SATURDAY,THE TWENTIETH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 13191/2025 Between: 1. PILLA NAGENDRAM, S/O VENKATA SUBBA RAO.AGE 37 YEARSR/O HOUSE NO.4/748, RAJU PETA, ANDHRA HOSPITAL BACKSIEMACHILIPATNAM TOWN .KRISHNA DISTRICT. ANDHRA PRADESH. 2. TUMMALAPENTA PRAEEP KUMAR ALIAS PRADEEP, S/O KRISHNA MURTHY.AGE 36 YEARS, R/O DOOR NO. 15-19-18/C OLD TOWN,NEAR POST OFFICE REPALLETOWN,GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Through the SHO of Robbertsonpet P.S,Krishna District, 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 Courtpleased to quash the proceedings of C.C. No.229 /2025 On the file .of Hon'ble IInd Judicial First Class Magistrate at Machilipatnam in Krishna D.t., against the petitioners/accused 1to2 concern and pass IA NO: 1 OF 2025 2 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 dispense with the filling of the certiifed copy of C.C. No.229 /2025 On the file of Honble Ilnd Judicial First Class Magistrate Machilipatnam ,Krishna D.t. and pass 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 pleased to grant Stay of all further. proceedings C.C. No.229 /2025 On the file of Hon'ble Ilnd Judicial First Class Magistrate Machilipatnam ,Krishna D.t., against the petitioners/accused 1 to2 and pass Counsel for the Petitioner/accused(S): 1. D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR 3 The Court made the following: The instant petition under Section 528 Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNNS’) has been filed, by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings against them in C.C.No.229 of 2025, on the file of the Court of II Judicial First Class Magistrate, Machilipatnam, Krishna, for the offence under Sections 273 r/w 34 IPC and Section 5(1) 22 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short ‘COTPA Act’). 2. Heard Sri D.Kasi Rao, learned counsel for the Petitioners and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the Petitioners 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, wherein it was 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 v. Bhajan lal7 and the judgement of the High Court of Allahabad in M/s.Pepsico India Holdings (Pvt) Ltd., and Another (4 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 Crl.P.No.3731of2018 and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State of Andhra Pradesh throughout 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 are allowed.” 4. Hence, following the said Orders passed by this Court in 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 petition is allowed quashing the proceedings against the C.C.No.229 of 2025, on 5 the file of the Court of II Judicial First Class Magistrate, Machilipatnam, Krishna, for the offence under Sections 273 r/w 34 IPC and Section 5(1) 22 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short ‘COTPA Act’). 5. In the result, the Criminal Petition is allowed. Pending applications, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 20.12.2025 MH 6 HON’BLE SMT Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA 165 Crl.P.No.13191 of 2025 Dt.20.12.2025 MH