A flawed F.I.R. cannot sustain prosecution, allowing for quashing of charges against the accused.

APHC010329642025 SMB IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6881 of 2025 Between:

Tirumalaraju Venkateswarlu, S/o. Mohan Raju, Aged about

44 years, R/o. Rajulapalem, Gudluru, Tettu, Prakasam District.

...Petitioner/Accused No.1 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi.

...Respondent Petition under Section 528 of BNSS (under Section 482 of Cr.P.C)

praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR No.178 of 2025 dated 25.03.2025 on the file of Ongole Taluk Police Station, Prakasam District and direct the Station House Officer, Ongole Taluk Police Station, Prakasam District to release the seized tobacco products to the petitioners.

lA NO: 2 OF 2025 Petition under Section 528 of BNSS (under Section 482 of Cr.P.C)

praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR No. 178 of 2025 dated 25.03.2025 on the file of Ongole Taluk Police Station, Prakasam District pending the Criminal Petition.

Counsel for the Petitioner : Sri Raja Reddy Koneti it". counsel for the Respondent : Public Prosecutor The Court made the following order:

APHC010329642025 IN THE HIGH COURT OF ANDHRA PRADESH QMS AT AMARAVATI [3457]

0SS (Special Original Jurisdiction)

TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6881/2025 Between:

1.TIRUMALARAJUVENKATESWARLU,, S/0. MOHAN RAJU, AGED ABOUT 44 YEARS, R/0. RAJULAPALEM, GUDLURU, TETTU, PRAKASAM DISTRICT.

...PETITIONER/ACCUSED AND

1.THE STATE OF ANDHRA PRADESH, Rep. by its Public Prosecutor, High Court Buildings, Amaravathi.

...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 Courtmay be pleased to quash the proceedings in FIR No. 178 of 2025 dated 24.03.2025 on the file of Ongole Taluk Police Station, PrakasamDistrictand direct the Station FlouseOfficer, Ongole Taluk Police Station, Prakasam District to release the seized tobacco products to the petitioners pass lA NO: 1 OF 2025 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 may be pleased to dispense with filing of the certified copy of complaint in FIR No. 178 of 2025 dated 24.03.2025 on the file of Ongole Taluk Police Station, Prakasam District and pass m lA NO: 2 OF 2025 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 may be pleased to stay all further proceedings in FIR No. 178 of 2025 dated 24.03.2025 on the file of Ongole Taluk Police Station, Prakasam Districtpending the Criminal Petition before this Hon'ble Court in the interest of justice.

Counsel for the Petitioner/accused:

1. RAJA REDDY KONETI Counsel for the Respondent/complainant:

1. PUBLIC PROSECUTOR /

The Court made the following Order:

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the State.

2. The present Criminal Petition has been filed seeking to quash the

proceedings against the petitioner in Crime No. 178 of 2025 of Ongole Taluk Police Station, Prakasam District, registered for the offence punishable under Section 20 (2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and consequently direct the concerned Police to return the property seized in connection with the Crime.

3. The learned Assistant Publi