APHC010553482025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] FRIDAY,THE TWENTY FOURTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10924/2025 Between: 1. SOMISETTY VENKATA NARASIMHA RAO ALIAS NARASIMHAM, S/O VENKATESWARLU, AGE 40 YEARS R/O MOPADU KONDA REDDY PALLI VILLAGE, PAMURU MANDAL, PRAKASHAM DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, Through the SFIO of Pamur P.S, Prakasham District. Rep,by its Publicprosecutor. 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 178/2019 On the file of Hon'ble Court of Judicial Magistrate of 1st Class, Kanigiri,Prakasham District against the petitioner/accused No.l, and pass 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 pleased to dispense with filing of the original certified copy of the C.C 178/2G19 On the file of Hon'ble Court of Judicial Magistrate of 1st Class, Kanigiri,Prakasham District against the petitioners /accused A1 and pass IA NO: 2 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 grant stay of all further proceedings in in C.C 178/2019 On the file of Hon'ble Court of Judicial Magistrate of 1st Class, Kanigiri, in Prakasham District against the petitioner / accused A1 and pass Counsel for the Petitioner/accused: 1. D KASI RAO Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10924/2025 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.1, seeking quashment of the proceedings pending against him in C.C.No.178 of 2019 on the file of learned Judicial Magistrate of First Class, Kanigiri. 2. Heard Sri D.Kasi Rao, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. 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 Common Order passed by this Court in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019. 4. For ready reference the Order passed in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019 wherein this Court 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 lal and the judgment of the High Court of Allahabad in M/s.Pepsico India Holdings(Pvt) Ltd., and Another (4 supra), is constrained to hold that all the FIRs/cases that 4 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.3731 of 2018 and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State of Andhra Pradesh through out 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.” 5. Hence, in view of the said Common Order 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 by quashing the proceedings against the Petitioner/Accused No.1, in C.C.No.178 of 2019 on the file of learned Judicial Magistrate of First Class, Kanigiri. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 24.10.2025. JLV 5 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10924/2025 Dated.24.10.2025 JLV 304