APHC010716092025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION Between: 1. KANKANALA VENKATA NARASIMHA RAO, S/O. CHINNA MALAKONDAIAH AGE49 YEARS, OCC BUSINESS, R/O. V.R. KOTA VILLAGE,GUDLUR MANDAL, PRAKASAM DISTRICT. 2. SHAIK SHAFI, S/O GOUSE,AGE 38 YEARS, OCC LORIY OWNER,R/O VYKUNTAPURAM, KAVALI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravati. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.296 of 202Ion the file of the Court of the court of the Addl. Judicial Magistrate of First Class, Kand 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 pleased to stay all further proceedings including the appearance of the petitioners/Accused Nos.l 85 3 in C.C.No.296 of 202 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 99/2026 KANKANALA VENKATA NARASIMHA RAO, S/O. CHINNA MALAKONDAIAH AGE49 YEARS, OCC BUSINESS, R/O. V.R. KOTA VILLAGE,GUDLUR MANDAL, PRAKASAM DISTRICT. SHAIK SHAFI, S/O GOUSE,AGE 38 YEARS, OCC LORIY OWNER,R/O VYKUNTAPURAM, KAVALI TOWN,SPSR NELLORE ...PETITIONER/ACCUSED(S) AND THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor,High Court of Andhra Pradesh,Amaravati. ...RESPONDENT/COMPLAINANT Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proceedings in C.C.No.296 of 202Ion the file of the Court of the court of the Addl. Judicial Magistrate of First Class, Kandukur and pass 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 stay all further proceedings including he appearance of the petitioners/Accused Nos.l 85 3 in C.C.No.296 of 202 IN THE HIGH COURT OF ANDHRA PRADESH [3396] THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA KANKANALA VENKATA NARASIMHA RAO, S/O. CHINNA MALAKONDAIAH AGE49 YEARS, OCC BUSINESS, R/O. V.R. KOTA SHAIK SHAFI, S/O GOUSE,AGE 38 YEARS, OCC LORIY TOWN,SPSR NELLORE ...PETITIONER/ACCUSED(S) THE STATE OF ANDHRA PRADESH, Rep. by its Public ...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 in C.C.No.296 of 202Ion the file of the Court of the court of the Addl. Judicial 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 stay all further proceedings including he appearance of the petitioners/Accused Nos.l 85 3 in C.C.No.296 of 202 2 Ion the file of the Addl. Judicial Magistrate of First Class, Kandukur, pending disposal of the above Criminal Petition and pass Counsel for the Petitioner/accused(S): 1. V SUDHAKAR REDDY Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 99 OF 2026 ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhitah as been filed, by the Petitioners/Accused Nos.1 and 3, seeking to quash of the proceedings against them in CC.No.296 of 2021 on the file of the learned Additional Judicial Magistrate of First Class, Kandukur. 2. Heard Ms.ShanthiSree, learned counsel representing SriV.Sudhakar Reddy, learned counsel for the Petitioner and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor for 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 similar order passed by this Court in Criminal Petition No.3498 of 2022 dated 01.08.2023. 4. For ready reference, the order passed in Criminal Petition No.3498 of 2022, dated 01.08.2023, relevant paragraphs 12 to 14 is extracted hereunder: “12. In the present case on hand, it is not disputed that the search and seizure is done by Assistant Sub-Inspector of Police. In terms of above provision, she has no power to search the premises and seize the schedule commodities and that she has no authority of law or jurisdiction to seize the vehicle as well as the stocks 13. In view of the aforesaid reasons, the very seizure itself is illegal and without jurisdiction. 14. Accordingly, the Criminal Petition is allowed by quashing the proceedings in C.C.No.178 of 2018 on the file of the learned Judicial Magistrate of First Class, Podili” 4 5. Hence, following the said Orders passed by this Court in Criminal Petition No.3498 of 2022 dated 01.08.2023, and taking into consideration of the facts and circumstances of the case, this Criminal Petition is allowed by quashing the proceedings against the petitioners in CC.No.296 of 2021 on the file of the learned Additional Judicial Magistrate of First Class, Kandukur. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 07.01.2026 KKV 5 81 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.99 of 2026 Dt.07.01.2026 KKV