Tirumala Rao Gembali vs State Of Andhra Pradesh on 29 July, 2020

[Cites 10, Cited by 1]

Andhra Pradesh High Court - Amravati

Tirumala Rao Gembali vs State Of Andhra Pradesh on 29 July, 2020

Author: Cheekati Manavendranath Roy

Bench: Cheekati Manavendranath Roy

P32,

IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI

WEDNESDAY, THE TWENTY NINETH DAY OF JULY,
TWO THOUSAND AND TWENTY
: PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION NOS: 1788, 2319, 2322, 2324, 2328, 2337, 2892, 2912, 2915,
2932 AND 2935 OF 2020

CRIMINAL PETITION NO: 1788 OF 2020
Between:
4. Tirumala Rao Gemsbali, S/o Mohan Rao, aged 34 years, Rio Lavidi,
Vizianagaram District .
2. Ganeswara Rao Rajapu, S/o Pydi Raju, aged 32 years, Veeragottam P&M,
Srikakulam District
Petitioners
AND
The State of Andhra Pradesh, rep by its Public Prosecutor High Court of AP, at
Amaravathi. Through P.S. Neelakantapuram, Vizianagaram District
Respondent

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
Quash the proceedings in vide FIR No.29 of 2020 Dt. 20-04-2020, registered U/Sec.
270, 273, 188 IPC, on the file of SHO of P.S Neelakantapuram, Vizianagaram District
as illegal, unconstitutional, contrary to law, without jurisdiction and as such liable to be
quashed in the interest of justice with a consequential direction to return the material
and vehicle seized in pursuance of the above FIR

- The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of SRI S M SUBHAN Advocate
for the Petitioner, .

CRIMINAL PETITION NO: 2319 OF 2020
Between: ss .
4. K. Ramesh Babu, S/o Malleswarararao, aged 43 years, R/o. D.No.8-18-7/2,
Ramaswamy Street, Balajiraopeta, Tenali, Guntur District,
2. K. Nammaiah, S/o. Nagendram, Hindu, aged about 40 years, R/o.17-10-4/B,
Islampet, Tenali, Guntur District.
3. Pidakalapadu Prakash, S/o. Suri, Hindu, aged about 22 years, R/o. Balajinagar,
Dharmavaram, Anantapur District.
4. Irfan, S/o. Hussain, Muslim, aged about 45 years, R/o. Hayatnagar, Hyderabad.
Petitioner/Accused 1 to 4
AND
The State of Andhra Pradesh, Rep by Its Public Prosecutor, High Court Buildings,
Amaravathi -
Respondent/Complainant

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
quash FIR No.142 of 2020, dated 45-06-2020 on the file of Tenali Ill town Police
Station, Guntur District and release the seized vehicle bearing No.AP-02-TC-0012

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of SRI RAJA REDDY KONETI
Advocate for the Petitioners, and of PUBLIC PROSECUTOR for the Respondent,

CRIMINAL PETITION NO: 2322 OF 2020
Between:
4. Pattan Khadar Khan, S/o. Moulali, Muslim, aged about 32 years, R/o. Islampet,
Tenali, Guntur District.
2. Devatha Nagendra Swami, S/o. Sambasivarao, Hindu, aged about 49 years, Rio.
Thulasiram Chowk, Sharab Bazar, Tenali, Guntur District.
3. Kowthavarapu Nammaiah, S/o. Nagendram, Hindu, aged about 40 years, R/o.
. Tadipatrivari Street, Islampet, Tenali, Guntur District.
Petitioners/Accused
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings,
Amaravathi.
Respondent/Complainant

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
quash FIR No.100 of 2020, dated 29-04-2020 on the file of Tenali tll Town Police
Station, Guntur District

CRIMINAL PETITION NO: 2324 OF 2020
Between:
4. K Koteswara Rao, S/o Veeranjaneyulu, Hindu, aged about 24 years, R/o 1-12-4,
Rajeevgandhi Colony, Bapatla, Guntur District
2. Ch. Malleswara Rao, S/o Rama Rao, Hindu, aged about 42 years, R/o Railpet,
Bapatla, Guntur District
Petitioners/Accused
AND
The State of Andhra Pradesh, Rep. by Its Public Prosecutor, High Court Buildings,
Amaravathi
Respondent/Complainant

CRIMINAL PETITION NO: 2328 OF 2020
Between:
4. Gunthala Govindu, S/o. Hanumaiah, Hindu, aged 38 years, R/o.2-106/A,
Vittamrajpalli Village, Vinukonda Mandal, Guntur District
2. Kalam Ayappa, S/o. Srinu, Hindu, aged about 27 years, Indra Nagar, Vinukonda
Mandal, Guntur District
Petitioner/Accused 1 & 2
AND
The State of Andhra Pradesh, Rep. by Its Public Prosecutor, High Court buildings,
Amaravati
Respondent/Complainant

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
quash FIR No.203 of 2020, dated 12-05-2020 on the file of Kurnool Town Pole,

potim Station, Kurnool District and release the vehicle bearing No.AP-16TE-5315 Ashok
Leyland Dosti

CRIMINAL PETITION NO: 2337 OF 2020
Between:
1. Sd. Khadeer, S/o. Subhan, Aged about 45 years, R/o. 21/1/19, Nellore, Nellore

District.

2 Nadamala Seshaiah, S/o. Ramanaiah, Hindu, aged about 35 years,

R/o.Mandapet Center, Kovur, Nellore District. .

3. Amabati Suresh, S/o. Subbareddy, Hindu, aged about 25 years,

R/o.Ramaswamypalii, Atmakuru Mandai, Nellore District.

4. A. Vinod Kumar, S/o. Bhaskar, Hindu, aged about 32 years, R/o.3-90, VN.

Street, V.V. Street, Peddapadugupadu, Kowur, Nellore District.

5. G. Ram Prasad Reddy, S/o. Pulla Reddy, Hindu, aged about 50 years, R/o.27-3-

185, baajinagar, Near Ramanaiah Store, Nellore, SPSR Nellore District.

Petitioners/Accused
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings,
Amaravathi.
Respondent/Compiainant

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
quash the. proceedings in FIR No.59 of 2020, dated 19-03-2020 on the file of Gudur (R)
Police Station SPSR Nellore District.

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of SRI RAJA REDDY KONET!
Advocate for the Petitioners, and of PUBLIC PROSECUTOR for the Respondent,

CRIMINAL PETITION NO: 2892 OF 2020
Between:
Oleti Viiaya Kumar, S/o.Subramanya Chetty, Aged about 43 years, Occ: Business, R/o.
Door No.7-107, Baanala Street, Chittoor, Chittoor District
Petitioner/Accused
AND
4. The State of Andhra Pradesh, rep, by its Public Prosecutor, High Court of Andhra

Pradesh, Amaravathi.

2. P.\V.Sudhakar Reddy, Police Officer, Gangavaram Police Station, Gangavaram,

Chittoor District.

Respondents

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
call for the records in Cr.No.139 of 2020 on the file of the Gangavaram Police Station,
Gangavaram, Chittoor District and quash the same

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of M/S S PARINEETA
Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondents,

CRIMINAL PETITION NO: 2912 OF 2020

Between:

Kothamasu Venkata Naga Raja Rajeswara Rao @ Raja, S/o Krishnarao, Hindu, Aged

45 years, R/o Ambarupeta Village, Nandigama Mandalam, Krishna District

Petitioner/Accused No.2
AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court of Andhra

Pradesh at Amaravathi ~
Respondent/Complainant

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
quash the proceedings in Crime NO. 531/2020 pending against the petitioner/accused
No.2 on the file of the Kanchikacharla PS, Krishna District for the alleged offences U/S
188, 269, 270, 273 R/W 34 IPC and Section 5 (1) and 22 of COTP Act 2003 and
Section 3 of E.D.Act 1897

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of SRI DEVADASS BALANTHA
Advocate for the Petitioner, and PUBLIC PROSECUTOR for the Respondent,

CRIMINAL PETITION NO: 2915 OF 2020
Between:
Seelam Subba Reddy, S/o. Gurivi Reddy, Hindu, Occ. Business in Eggs, Mitta Madi
Street, Proddatur Town, Y.S.R.Kadapa District.
Petitioner/A2
AND
1. State of Andhra Pradesh, rep. by its Public Prosecutor, High Court of AP at
Amaravati.
2. The Sub Inspector of Police, Rajulapalem PS, Rajulapalem Village & Mandal,
YSR Kadapa District.
Respondents

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
Quash FIR.131 of 2020 dated 08.07.2020 pertaining to Rajupalem Police Station,
Y.S.R.Kadapa District

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon hearing the arguments of SRI NAGESWARA RAO V
Advocate for the Petitioner, and of PUBLIC PROSECUTOR for the Respondent No.1,

CRIMINAL PETITION NO: 2932 OF 2020
Between:

1. V. Yedukondalu, S/o Subbarao, Hindu, aged 36 years, R/o D.No.3-1,
Ramalayam Street, Talluru, Prakasam District

2. Shaik Basha, S/o. Allabaksha, Muslim, aged about 27 years, R/o. 1-120, Main
Road, Lakkavaram, Prakasam District.

3. Shaik Baji, S/o. Nasar Mahammad, Muslim, aged about 28 years, R/o.
Boddikarapadu Road, East Gangavaram, Nagambotlapalem, Tallur, Prakasam
District

Petitioner/Accused 1 to 3
AND
The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings,
Amaravathi.

Respondent/Complainant

Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in
the grounds filed in support of the Criminal Petition, the High Court may be pleased to
quash the proceedings in FIR No. 643 of 2020, dated 19-07-2020 on the file of
Bhavanipuram Police Station, Vijayawada city and release the seized vehicles AP-
26BK-5998 Mahendra Xylo car and AP-24AZ-3303 Innova Car

CRIMINAL PETITION NO: 2935 OF 2020
Between:
| Kondala Rao, S/o. Suryanarayana, Hindu, aged about 50 years, R/o. 33-21-14,
Chaluvathota, Allipuram, Visakhapatnam.
Petitioner/Accused-3
AND

The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings,
Amaravati

Respondent/Complainant

The petition coming on for hearing, upon perusing the Petition and the grounds
filed in support thereof and upon nearing the arguments of SRI RAJA REDDY KONETI
Advocate for the Petitioner, and PUBLIC PROSECUTOR for the Respondent, the Court
made the following

THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

Criminal Petition Nos.1788, 2319, 2322, 2324, 2328, 2337
2892 , 2912, 2915, 2932 & 2935 of 2020

COMMON ORDER:

All these petitions are filed under Section 482 of Cr.P.C seeking quash of the criminal proceedings launched against them for the offences punishable under Sections 188, 270 and 273 of IPC and Section 24(1) read with 27 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and other Sections of law. When these petitions are taken up for hearing, learned counsel for the petitioners would submit that the matter involved in these cases is squarely covered by the earlier decisions of this Court whereunder criminal proceedings initiated against the petitioners therein on the basis of similar facts are quashed.

Learned Additional Public Prosecutor also would fairly concede that these matters are covered by the earlier decisions of this Court whereunder criminal proceedings initiated against the petitioners therein on the basis of similar set of facts were quashed as not maintainable.

The petitioners have also produced copies of the earlier orders passed by this Court in Crl.P.No.5169 of 2019 dated To, 16.09.2019 and Crl.P.No.5103 of 2019 and batch, dated 05.03.2020.

As can be seen from the said orders passed by this Court, it is evident that criminal proceedings initiated against the petitioners therein on the basis of similar set of facts under the same sections of law were quashed on the ground that the said criminal proceedings are not maintainable under law. Therefore, the petitioners herein, who are facing prosecution on the basis of same set of facts, under the same sections of law, are similarly placed and they are also entitled to the relief claimed by them in these petitions.

Therefore in view of the earlier orders of this Court, all the Criminal Petitions are allowed and the criminal proceedings launched against the petitioners in various crime numbers of various police stations are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed.

A SD/- K.. TATA RAO. on A ASSISTANT REGISTRAR att IITRUE COPY!/ Sit.

For ASSISTA GISTRAR The SHO of P.S Neelakantapuram, Vizianagaram District The Tenali Ill Town Police Station, Guntur District The Vedullapalli Police Station, Guntur District. The Kurnool Town Police Station, Kurnool District The Gudur (R) Police Station SPSR Nellore District. _ The Gangavaram Police Station, Gangavaram, Chittoor District The Kanchikacharla Police Station, Krishna District The Rajupalem Police Station, Y.S.R.Kadapa District _ The Bhavanipuram Police Station, Vijayawada city --

40. The Anandapuram Police Station, Visakhapatnam city,

41.The Police Station Neelakantapuram, Vizianagaram Dist.

42.One CC to SRISM SUBHAN Advocate [OPUC]

43.One CC to SRI RAJA REDDY KONETI Advocate [OPUC]

144.One CC toM/SS PARINEETA Advocate [OPUC]

45.One CC to SRI DEVADASS BALANTHA Advocate [OPUC]

46.One CC to SRI NAGESWARA RAO V Advocate [OPUC]

47. Two CCs to PUBLIC PROSECUTOR, High Court of AP [OUT]

48.One spare copy WOAHNGDAPWN DP:

HIGH COURT CMRJ DATED:29/07/2020 ORDER CRIMINAL PETITION NOS: 1788, 2319, 2322, 2324, 2328, 2337, 2892, 2912, 2915, 2932 AND 2935 OF 2020 ALLOWED

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