Andhra Pradesh High Court - Amravati
Kopparapu Venkata Ramana vs The State Of Andhra Pradesh on 2 March, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.1396 OF 2022
ORDER:
This criminal petition is filed under Section 482 Cr.P.C. seeking to quash the FIR in Crime No.214/2016 of Pulivendula Urban police station, YSR Kadapa District registered for the offences under sections 188, 273 of IPC and sec.8(c) r/w 20(b) of NDPS Act and sec.5, 20 of COTPA Act.
2. Heard learned counsel for petitioners and learned Assistant Public Prosecutor for the State.
3. As regards the offences punishable under sections 5 and 20 of COTPA Act, the matter is squarely covered by the earlier common order of this Court in Criminal petition nos.5421 of 2019 and batch and Criminal Petition Nos.2966 of 2021 and batch, whereby this Court has quashed several FIRs registered for the similar offences based on identical fact. Therefore, the petitioners are entitled for quash of the FIR relating to the said offences punishable under sections 188, 273 of IPC and section 5 and 20 of COTPA Act.
4. However, as regards the offence punishable under section 8(c) r/w 20(b) of NDPS Act is concerned, the matter is not covered by the earlier orders of this Court. In fact, as per the earlier orders of this Court, the investigation in respect of said offence under NDPS Act shall go on.
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5. Therefore, in view of the aforesaid earlier common orders of this Court and for the reasons stated therein, this Criminal Petition is partly allowed quashing the FIR only for the offences punishable under sections 188, 273 of IPC and section 5 and 20 of COTPA Act. The investigation in respect of the offence punishable under section 8(c) r/w 20(b) of NDPS Act shall go on.
As a sequel, miscellaneous applications pending for consideration, if any, shall stand closed.
______________________ JUSTICE D.RAMESH 02.3.2022 RD 3 THE HON'BLE SRI JUSTICE D.RAMESH CRIMINAL PETITION No.1396 of 2022 Dated 02.3.2022 RD