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2026 DAILYLAW 10847 (AP)

Reddy Pedda Ramana Goud v. The State of Andhra Pradesh

CRLP/8291/2026 · 2026-09-20

Maheswara Rao Kuncheam

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010491692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY, THE 21st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8291 OF 2026 Between: 1. Reddy Pedda Ramana Goud, S/o. R. Chinna Ramappa,Aged about 72 years R/o. H.No.17-772-C1Thilak Nagar Guntakal Town and Mandal Anantapur District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by the Public Prosecutor, High Court of Andhra Pradesh At Amaravati. 2. A Ramesh Babu, S/o Not Known Age 40 years OccSub Inspector of Police At Maddikera Police Station Kurnool District. ...Respondents 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 quash the proceedings in C.C. No. 840 of 2025 on the file of the Judicial Magistrate of First Class-Cum-Junior Civil Judge Pathikonda, Kurnool District, against the Petitioner/Accused No. 7 2 IA NO: 1 OF 2026 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 stay of all further proceedings including appearance of the Petitioner/ Accused No. 7in C.C. No. 840 of 2025 on the file of the Judicial Magistrate of First Class-Cum-Junior Civil Judge Pathikonda Kurnool District pending disposal of the criminal petition Counsel for the Petitioner: MARELLA RADHA Counsel for the Respondents: PUBLIC PROSECUTOR 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8291 of 2026 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioner herein (A7), seeking to quash the proceedings in CC No.840 of 2025 on the file of the Judicial Magistrate of First Class-cum-Junior Civil Judge, Pathikonda, Kurnool District, for the offences punishable under Sections 7A & 7B read with 8A & 8(e) of the Andhra Pradesh Prohibition (Amendment) Act, 2020 and Sections 2, 3 & 4 of Gur (Regulation of Use) Order, 1968. 2. Heard learned counsel for the petitioner states that petitioner is aged about 72 years and is Jaggery Merchant. Except of mere confession of the accused, he has no nexus with the said allegations. 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 similar orders passed by this Court in Criminal Petition Nos.6911 of 2019, 7742 of 2019, 4826 of 2020 and 7593 of 2021, dated 4 15.11.2019, 19.02.2020, 03.11.2020 and 30.12.2021 respectively. 4. For ready reference, the order passed in Criminal Petition No.7742 of 2019 is extracted hereunder: “Learned counsel for the petitioner submits the petitioner is the proprietor of M/s. Sri Ramakrishna Jaggery and General Stores, while he was brining black jaggery for the purpose of his business, the same was seized under the cover of mediator’s report. He further submits that even on consideration of the entire averments in the mediators report, which lead to registration of the subject crime, the petitioner only allegedly indulged in transportation of black jaggery. As per G.O.Ms.No.149, Revenue (Excise-II) Department, dated 18.04.2017, black jaggery is an agricultural produce and; therefore, the penal provisions are not attracted to the case on hand. He also has drawn the attention of this Court to the earlier orders of this Court in Crl.P.No.10083 of 2011 dated 02.11.2018, wherein, in the similar circumstances, this Court, quashed the proceedings therein and also the order in Crl.P.No.52 of 2010, dated 30.04.2010, wherein the criminal proceedings against the petitioners were quashed. Learned Additional Public Prosecutor fairly states that the matter is a covered matter. Having regard to the facts and submissions and the legal position, this Court is of the considered view that valid and sufficient grounds are made out for quashing the proceedings against the petitioner. 5 In the result, the criminal petition is allowed and the proceedings in F.I.R.No.262 of 2019, on the file of the Thondangi Police Station, East Godavari District, registered for the offence under Section 34(e) of A.P. Prohibition Act, 1995 and Section 3 of the GUR (Regulation of Use) Order, 1968, are hereby quashed.” 5. Hence, following the said Orders passed by this Court in Criminal Petition No.7742 of 2019, dated 19.02.2020 and Criminal Petition Nos.6911 of 2019, 4826 of 2020 and 7593 of 2021, and taking into consideration of the facts and circumstances of the case, this Criminal Petition is allowed by quashing the proceedings pending against the petitioner (A7) in CC No.840 of 2025 on the file of the Judicial Magistrate of First Class-cum-Junior Civil Judge, Pathikonda, Kurnool District. 6. In the result, the Criminal Petition is allowed. Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 21.09.2026 PSA 6 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 8291 of 2026 Date: 21.09.2026 PSA