Andhra Pradesh High Court - Amravati
Shaik Karimulla vs The State Of Andhra Pradesh, on 8 September, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.7121 OF 2022
Between:-
Shaik Karimulla
and another
... Petitioners/
Accused Nos.1 and 2
and
The State of Andhra Pradesh represented by
Represented by its Public Prosecutor.
... Respondent
Counsel for the petitioners : Mr.Raja Reddy Koneti
Counsel for the respondent : The Public Prosecutor
ORDER:
Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent.
2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No.73 of 2021 on the file of Thulluru Police Station, Guntur District, registered for the offence punishable under Sections 272, 273, 284, 188 of the Indian Penal Code, 1860, Sections 7(1), 20(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and 2 Commerce, Production, Supply and Distribution) Act, 2003 (for short, COTPA), and consequently return the property seized in connection with the Crime.
3. The learned counsel for the petitioners while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 and batch, dated 27.8.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioners.
4. The learned Assistant Public Prosecutor fairly submits that the matter is covered by the common order passed in Criminal Petition No.3731 of 2018 and batch, dated 27.8.2018.
5. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R., filed along with the material papers would clearly show that the Police have suo motu registered the Crime against the petitioners in this case.
6. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch 3 dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioners in Crime No.73 of 2021 on the file of Thulluru Police Station, Guntur District. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioners, on proper identification and under acknowledgement. Miscellaneous applications, pending if any, shall stand closed.
________________________ NINALA JAYASURYA, J September 08, 2022.
vasu