The court cannot uphold FIR proceedings lacking adequate legal foundation, particularly when previous judgments provide clear precedent.

APHC010332652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI HI TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6931 OF 2025 Between:

1. Sura Venkateswar Rao, S/o.late Pullaiah, Aged about

40 years, R/o

7-16-291/A, 7/7 Srinagar, Guntur, Guntur District.

2. Mustipalli Niranjan, S/o. Subbaiah, Aged about 36 years, 11-980/4, Vijayapuri Colony, 7TH Line, VTC, Guntur.

3. Avid Husain Subhan, S/o. Esphak Husain, aged 41 years.

Ganw-Jethuli, Kachchi Dargah, Fatwah, Patna, Fatwa, Bihar.

4. Dharma Dev, S/o. Ambika Ray, Aged about 38 years, R/o. Gram Bairiya, Bairia, Patna, Bihar State.

...PETITIONERS/A1 TO A4 AND The State of Andhra Pradesh, Rep. by its Public Prosecutor High Court Buildings, Amaravathi.

...RESPONDENT Petition under Section 528 of BNSS- 2023 (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.

159 of 2025 dated 23.06.2025 on the file of Old Guntur Police Station, Guntur, Guntur District and direct the Station House Officer, Old Guntur Police Station to release the seized tobacco products as well as Eicher vehicle bearing No. BR-OI-GM-9234 to the petitioners.

lA NO:2 OF 2025 *Petition under Section 482 of Cr.P.C (528 of BNSS)p praying that in the clrcamstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in FIR No. 159 of

2025 dated 23.05.2025 on the file of Old Guntur Police Station, Guntur, Guntur District pending the Criminal Petition.

Counsel for the Petitioners : SRI RAJA REDDY KONETI Counsel for the Respondent : ADDITIONAL PUBLIC PROSECUTOR The Court made the following ORDER :

APHC010332652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3457]

(Special Original Jurisdiction)

TUESDAY,THE EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6931/2025 Between:

1.SURA VENKATESWAR RAO. S/O.LATE PULLAIAH, AGED ABOUT

40 YEARS, R/0 7-16-291/A, 7/7 SRINAGAR, GUNTUR GUNTUR DISTRICT.

2.MUSTIPALLI NIRANJAN, S/0. SUBBAIAH, AGED ABOUT 36 YEARS, 11-980/4, VIJAYAPURI COLONY, 7TH LINE, VTC, GUNTUR.

3.AVID HUSAIN SUBHAN, S/0. ESPHAK HUSAIN, AGED 41 YEARS, GANW-JETHULI, KACHCHI DARGAH, FATWAH, PATNA, FATWA BIHAR.

4.DHARMA DEV, S/0. AMBIKA RAY, AGED ABOUT 38 YEARS, R/0.

GRAM BAIRIYA, BAIRIA, PATNA, BIHAR STATE.

...PETITIONER/ACCUSED(S)

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 Courtpleased to quash the proceedings in FIR No.

159 of 2025 dated 23.06.2025 on the file of Old Guntur Police Station, Guntur, Guntur District and direct the Station Flouse Officer, Old Guntur Police Station to release the seized tobacco products as well as Eicher vehicle bearing No. BR-OI-GM-9234 to the petitioners and 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 pleased to dispense with filing of the certified copy of the complaint in FIR No.l59 of 2025 dated 23.06.2025 on the file of Old Guntur Police Station, Guntur, Guntur District and pass 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 pleased to stay all further proceedings in FIR No.