APHC010715612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 97/2026 Between: Kankanala Venkata Narasimha Rao and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. V SUDHAKAR REDDY Counsel for the Respondent/complainant: 1. The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity „the Cr.P.C.,‟)/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for brevity „the BNSS‟) seeking to quash the proceedings against the petitioners/Accused Nos.1 to 3 in C.C.No.238 of 2022 of the learned Additional Judicial First Class Magistrate, Kandukur. 2 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. Perused the record. 3. As seen from the record, the criminal petition is filed challenging the proceedings in C.C. No.238 of 2022 on the file of the learned Additional Judicial First Class Magistrate, Kandukur. Originally, on 03.06.2021, police proceedings were drawn and registered as a case in Crime No.78 of 2021 for the alleged offence punishable under Section 420 of the Indian Penal Code, 1860 (for brevity, “the IPC”) and Section 7 of the Essential Commodities Act, 1955 (for brevity, “the EC Act”) of Lingasamudram Police Station by the Head Constable. In the said proceedings, the lorry allegedly transporting certain essential commodities was seized. 4. Sri V. Sudhakar, learned counsel for the petitioner, submits that the Head Constable had no authority to conduct the search and seize the lorry along with the stock. Challenging the said police proceedings, a writ petition was filed. The learned Single Judge of this Court, by order dated 06.01.2022 in W.P. No.16482 of 2021, quashed the police proceedings dated 03.06.2021, based on which the present crime was registered and subsequently culminated in C.C. No.238 of 2022. When the police proceedings themselves were quashed by this Court, there was no justification on the part of the Sub- Inspector of Police, Lingasamudram, to file a charge sheet. The learned Trial Court also erroneously took cognizance of the offence. 3 5. In view of the above, the proceedings in C.C. No.238 of 2022 on the file of the learned Additional Judicial First Class Magistrate, Kandukur, are hereby quashed, and the petitioners are discharged from the said calendar case. 6. In the result, the Criminal Petition is allowed. No order as to costs. As a sequel, miscellaneous petitions, if any pending shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 22.01.2026 KMS 4 134 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.97 of 2026 Date: 22.01.2026 KMS