Telangana High Court
Rachmalla Reddy And Another vs The State Of Telangana And Another on 26 October, 2021
Author: Shameem Akther
Bench: Shameem Akther
THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER
CRIMINAL PETITION NO.7622 OF 2021
ORDER:
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A.1 and A.2, seeking to quash the proceedings against them in C.C.No.827/2018 on the file of Judicial Magistrate of First Class, Devarakonda, wherein cognizance was taken for the offences punishable under Sections 420, 273 IPC and Sec.20(i) & 23 of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, 'COTP Act').
2. Heard the learned counsel for petitioners/A.1 and A.2, the learned Assistant Public Prosecutor representing the respondent No.1/State and perused the record.
3. The learned counsel for the petitioners/A.1 and A.2 would submit that the facts and circumstances of the case on hand are akin to the facts and circumstances of the case in Crime No.34 of 2018 of Manakondur Police Station, and the proceedings in the said case were quashed by this Court vide common order, dated 27.08.2018, passed in Criminal Petition No.3731 of 2018 and batch. The allegations made against the petitioners/A.1 and A.2 in the subject case also do not constitute the offences under Sections 420 and 273 IPC and ultimately prayed to allow the Criminal Petition, as prayed for.
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4. The learned Assistant Public Prosecutor has conceded that the allegations made in the subject case do not constitute offences under Sections 420 and 273 IPC, but contended that since the offences under Sections 20(i), 23 of COTP Act are cognizable, the proceedings against the petitioners/A.1 and A.2 for the said offences cannot be quashed.
5. In view of the above submissions and the material placed on record, the allegations made against the petitioners/A.1 and A.2 in the subject C.C.No.827/2018 on the file of Judicial Magistrate of First Class, Devarakonda, do not constitute the offences under Sections 420 and 273 of IPC and there are no grounds to frame charges and proceed with against the petitioners/A.1 and A.2 for the said offences. As seen from the material placed on record, there is no FSL or expert report to the effect that the substance seized is dangerous/hazardous to public health. Under these circumstances, continuation of proceedings against the petitioners/A.1 and A.2 for the offences under Sections 420 and 273 IPC in the subject C.C is nothing but abuse of process of law. Therefore, the proceedings against the petitioners/A.1 and A.2 for the offences under Sections 420 and 273 IPC in the subject case, are hereby quashed.
6. Insofar as the offences under Sections 20(i) and 23 of COTP Act are concerned, the material placed on record prima facie disclose commission of said offences by the petitioners/A.1 and A.2 and hence, proceedings against the petitioners/A.1 and A.2 in relation to the said offences, cannot be quashed.
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7. Accordingly, this Criminal Petition is partly allowed, as indicated above.
Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.
____________________ Dr. SHAMEEM AKTHER, J Date: 28.10.2021 scs