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2024 Supreme(AP) 1539

VENKATA JYOTHIRMAI PRATAPA
Uppalapati Murali – Appellant
Versus
State of Andhra Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Prathiwada Varun Kumar
For the Respondent: (Ms.) D. Prasanna Lakshmi (Assistant Public Prosecutor)

JUDGMENT /ORDER :

The instant petition under Section 482 of Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), has been filed by the petitioners/accused Nos.1 and 2, seeking quashment of the proceedings against them in CC No.5258 of 2019 on the file of the Court of Chief Metropolitan Magistrate, Vijayawada for the offence punishable under Section 420 of the INDIAN PENAL CODE , 1860 (for short 'I.P.C.') and Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act').

2. The case of the prosecution, in brief, is as follows :

    (a) On 18.07.2019, having received information. Respondent No.2 alongwith his staff and mediators proceeded to a godown at Chepalagudem, Nynavaram Village and found two persons, who were present near a lorry and on seeking the Police, they tried to skulk away. Police apprehended them and on questioning, they disclosed their identity as petitioners/accused Nos.1 and 2 herein.

    (b) On enquiry, petitioner/accused No.1 confessed that he has been dealing with PDS rice and polishing the same in mills, selling the same as original, in a deceitful manner and earning more profits. While so, he purchased 31,675 Kgs. of PDS rice at Jaggaiahpet and stored in a g

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