Andhra Pradesh High Court - Amravati
Sri Juluri Ganesh vs The State Of Andhra Pradesh on 11 November, 2021
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION NO.6250 OF 2021
ORDER:-
This Criminal Petition is filed by the petitioner/accused No.2 under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the proceedings in P.R.C.No.13 of 2021 on the file of the II Additional Judicial Magistrate of First Class, Eluru, West Godavari District. The offences alleged are under Sections 328, 270, 273 read with 34 IPC and Section 22 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of and Commerce, Production, Supply and Distribution) Act, 2003 [for short "COTPA Act, 2003"].
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the respondent-State.
3. Learned counsel for the petitioner submits that this case is covered by the judgment passed by this Court in Criminal Petition No.2458 of 2020 with regard to the sections registered under 188, 269, 270, 273 IPC and under section 22 of COPTA Act, as far as section 51 of the Disaster Management Act,2005 is concerned, wherein Section 60 of the said Act clearly stipulates that "No Court shall take cognizance of an offence under this Act except on a complaint made by -
(a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised in this behalf by that Authority or Government, as the case may be; or
(b) any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his 2 intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorized as aforesaid.
4. In view of the above position, in this case also there is no complaint lodged by any of the said authorities prescribed as above, police have directly registered the case. Therefore, the bar under Section 60 of the Act also applies to the present facts of the case. If any complaint is made by the competent authority/person under the said act, prescribed as above, the Court may take cognizance and proceed accordingly.
5. In view of the above discussion and in view of the judgment of this Court rendered in Criminal Petition No.2458 of 2020, this Criminal Petition is allowed and the proceedings against the petitioner in P.R.C.No.13 of 2021 on the file of the II Additional Judicial Magistrate of First Class, Eluru, West Godavari District, are hereby quashed.
Consequently, miscellaneous applications pending, if any, shall stand closed.
________________ JUSTICE D. RAMESH Date :11.11.2021 SPP 3 THE HON'BLE SRI JUSTICE D.RAMESH Allowed CRIMINAL PETITION No.6250 of 2021 11.11.2021 SPP