Andhra Pradesh High Court - Amravati
Nagara Faizulla vs The State Of Andhra Pradesh on 29 November, 2021
Author: Cheekati Manavendranath Roy
Bench: Cheekati Manavendranath Roy
THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION No.6760 of 2021
ORDER:-
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of F.I.R in Crime No.369 of 2021 of Nandikotkur Police Station, Kurnool District, registered for the offences punishable under Section 188 r/w 34 IPC, Sections 6(A), 6(B) r/w 24(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short „COTP Act‟) and under Section 7(A) r/w 8(e) of the A.P. Prohibition Act, 1995 (for short „APP Act‟).
Heard learned counsel for the petitioner and the learned Additional Public Prosecutor for the State.
Learned counsel for the petitioner would submit that except the offence under Section 7(A) r/w 8(e) of the APP Act, the other offences under IPC and the COTP Act are covered by the earlier orders of this Court passed in Criminal Petition No.3731 of 2018 and batch and Criminal Petition No.5421 of 2019 and batch, whereby this Court has quashed several F.I.Rs registered for the said offences and thereby prayed to quash the F.I.R registered against the petitioner for the aforesaid offences punishable under Section 188 r/w 34 IPC, Sections 6(A), 6(B) r/w 24(1) of the COTP Act, leaving the offence punishable under Section 7(A) r/w 8(e) of the APP Act.
2
Learned Additional Public Prosecutor would fairly concede that except the offence punishable under Section 7(A) r/w 8(e) of the APP Act, the other offences are covered in view of the aforesaid earlier orders of this Court and thereby prayed to pass appropriate orders accordingly in this Criminal Petition also.
As can be seen from the aforesaid common orders passed in Criminal Petition No.3731 of 2018 and batch and Criminal Petition No.5421 of 2019 and batch, this Court has quashed several F.I.Rs registered for the offences punishable under Section 188 r/w 34 IPC and under Sections 6(A), 6(B) r/w 24(1) of the COTP Act based on similar facts and allegations.
Therefore, in view of the aforesaid earlier orders of this Court, this Criminal Petition is partly allowed quashing the aforesaid F.I.R registered against the petitioner only for the offences punishable under Section 188 r/w 34 IPC and under Sections 6(A), 6(B) r/w 24(1) of the COTP Act. However, it is made clear that the Investigating Officer is at liberty to proceed with investigation against the petitioner for the offence punishable under Section 7(A) r/w 8(e) of the APP Act.
Miscellaneous petitions, if any pending, in the Criminal Petitions, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY Date: 29-11-2021 AKN 3 THE HON'BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION No.6760 of 2021 Date: 29-11-2021 AKN