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lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVz?,IkyJ:

MMnONNnDAAYY , T THHEE T T\^W,FENNTTYY F IErIlHGTHHT H D ADYA YnF O AFPARPIRI I L z ,~z - ' ' _ I , . .,~.:l?:±,,.(

TWO THOUSAND AND TWENTY FIVE :PRESENT:

THE HONOURABLE SRI JUSTICE HARINATH.N IANo.2OF2025 lN CRLP NO: 4691 OF 2025 /

Betwee n :

1. Avadesh Sharma @ Avadesh Behari Sharma, S/o.Mukutbehari Sharma Aged about 40 years, Occ: Business, R/o. 974, Shantinagar, Opp.Durgapura Railway Station Durgapura, Jaipur, Rajasthan -302 018

2. M/s.Osheen Organics, 974, Shantinagar Opp.Durgapura Railway Station Durgapura, Jaipur, Rajasthan -302 018, Rep.by its proprietor Avadesh Sharma

3. M/s Avya Health Care, lI, Industrial Area, Village Rudrapur, Dist.Mandi Rep. by Avadesh Sharma

4. M/s. Ascent Corporations, A.O.D-501, Prashant Apartments, Powai, Mumbai-400076, Rep. by Avadesh Sharma.

...Petitioners/A-1 to A-4 AND The State ofAndhra Pradesh, Drugs Inspector, KurnooI, KurnooI District Rep.by public prosecutor. High Court of AP, Amaravathi.

..Respondent Counsel for the Petitioners: Sri. YASWANTH GADE Counsel for the Respondent: PUBLIC PROSECUTOR Petition under Section 528 of BNSS., is filed praying that in the circumstances stated in the grounds filed in support of the petition, the High Court may be pleased to grant stay all further proceedings including appearance of the petitioners in PRO.No.9/2017 on the file of the court of the Judicial First class Magistr-ate Kurnool, KurnooI District, Andhra Pradesh pending disposal of the above CrI.P.

The court while directing issue of notice to the Respondents herein to show cause as to why this application should not be complied with, made the following order.`(The receipt of this order will be deemed to be the receipt of notice in the case).

/

The Court made the following ORDER:

Learned senior counsel appearing for the petitioners submitted that the petitioners herein arraigned as accused Nos.1 and 2 in P.R.C.No.9 of 2017 on the file of the Court of the Judicial First Class Magistrate, KurnooI, KurnooI District, for the alleged offences under Section 18(a)(i) read with 17B(c) of the Drugs and Cosmetics Act,1940.

Learned senior counsel for the petitioners submI-tted that petitioners had faced several allegations for allegedly manufacturing of spurious drug and was convicted in one case and also underwent imprisonment. On the same batch of drugs which were allegedly manufactured by the petitioners, an FIR filed before the State of Maharastra, was challenged by the petitioners by filing Criminal Application No.172 of 2025 on`the file of the High Court of Judicature at Bombay Bench at Aurangabad.

Learned senior counsel for the petitioners submitted that the petitioners] Criminal Application was allowed by the High Court of Judicature at Bombay Bench at Aurangabad on the ground that the petitioners could not have been prosecuted for one offence repeatedly.

Considering the same this matter would require consideration, there shall be stay of all further proceedings in P.R.C.No.9 of 2017 on the file of the court of the Judicial First class Magistrate, Kurnoo[, KurnooI District.

SD/-M.SRIN[VAS ASSIS""REGS RAE //TRUE COPY//

SEe2P]ON t,-F!CER Tol

1. The Judicial F-lrst Class Magistrate Kurnoo], Kurnool District.

2. One CC to Sri, YASWANTH GADE, Advocate [OPUC]

3. Two cos to PUBLIC PROSECUTOR, High Court of Andhra Pradesh, Amaravati. [OUT]

4. One spare copy JSS HIGH COURT HN,J DATED :28/04/2025 POST THE MATTER ON 30.06.2025.

ORDER /

lANo.2 OF2025 IN CRLP NO: 4691 OF 2025 STAY