Andhra Pradesh High Court - Amravati
Majeti Satish Kumar vs The State Of Andhra Pradesh, on 2 September, 2020
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
Criminal Petition No.3557 OF 2020
Order: (Heard and pronounced through Blue Jeans App (virtual) mode,
since this mode is adopted on account of prevalence of COVID-19 Pandemic)
This is a Criminal Petition filed under section 482 of the
Code of Criminal Procedure, 1973 to quash the proceedings in
FIR No.192 of 2020, dated 01.08.2020 of Dwaraka Tirumala
Police Station, West Godavari District for the offences
punishable under sections 188, 270 and 273 of the Indian Penal
Code, 1860 (for short 'IPC') and Section 22 of the Cigarettes and
Other Tobacco Products Act, 2003 (for short 'COTPA' Act)
against the petitioner/Accused and consequently release the
motor cycle i.e. Hero Maestro bearing No.AP 37 DS 1526.
2. Heard the counsel for the petitioner and the Public
Prosecutor appearing for the respondents.
3. Both the counsel submit that the issue involved in this
petition is squarely covered by the order dated 27.08.2018,
passed by this Court in Criminal Petition No.3731 of 2018 and
batch.
4. In view of the above and in terms of the aforementioned
order, this Criminal petition is allowed and the proceedings
against the petitioner in Crime No.192 of 2020, dated
01.08.2020 of Dwaraka Tirumala Police Station, West Godavari
District are hereby quashed; consequently, motor cycle i.e. Hero
Maestro bearing No.AP 37 DS 1526 shall be returned to the
petitioner on proof of ownership.
2
As a sequel thereto, miscellaneous petitions, if any,
pending shall also closed.
The Registry is directed to attach a copy of the order in
Criminal Petition No.3731 of 2018, dated 27.08.2018 to this
order.
_______________
D.RAMESH, J.
Date: 02.09.2020 KA 3 THE HON'BLE SRI JUSTICE D.RAMESH Criminal Petition No.3557 OF 2020 Dated : 02.09.2020 KA