Andhra Pradesh High Court - Amravati
Smt. S.Malleswari, vs The State Of A.P. on 11 August, 2020
Author: K. Suresh Reddy
Bench: K. Suresh Reddy
THE HON'BLE SRI JUSTICE K. SURESH REDDY
CRIMINAL PETITION No.3070 OF 2020
ORDER:
This is a Criminal Petition is filed by the petitioner under Section 482 of the Code of Criminal Procedure to quash the proceedings against the petitioner, in FIR No.162 of 2020, dated 05.06.2020, on the file of Baireddipalle Police Station, Chittoor District. The offences alleged are under Sections 188, 270, 273, 420 IPC and Section 27 of Cigatettes and Other Tobacco Products Act,2003 (for short 'COTPA' Act).
2. Counsel for the petitioner has placed reliance on the common order dated 18.12.2019 passed by a coordinate Bench of this Court in Criminal Petition Nos.5421 of 2019 and batch, holding that "tobacco" does not fall within the definition of "food", as specified under Section 3(i)(j) of the Act, therefore, registration of FIR is not permissible. Reliance has also been placed on the common order dated 05.03.2020 passed by another coordinate Bench of this Court in Criminal Petition Nos.5103 of 2019 and batch, quashing the FIRs., therein. In view of the aforesaid, it is urged that FIR may be quashed.
3. On the other hand, though the Public Prosecutor opposed the relief prayed for, but, he is not in a position to dispute the fact that various petitions filed before this Court under Section 482 Cr.P.C. have been allowed and FIRs., have been quashed on the basis of the analogy has put forth by the petitioners before this Court.
4. Considering the aforesaid and looking to the undisputed fact that, previously, FIRs., have been quashed by this Court in similar 2 matters, however, registration of FIR and proceeding with trial is wholly undesirable.
5. In that view of the matter, this Criminal Petition is allowed and FIR No.162 of 2020, dated 05.06.2020, on the file of Baireddipalle Police Station, Chittoor District, is hereby quashed; consequently no further action is necessary in the facts of the case.
As a sequel, all the pending miscellaneous applications shall stand closed.
_______________________ K. SURESH REDDY, J 11th August, 2020.
RPD 3 HON'BLE SRI JUSTICE K. SURESH REDDY Criminal Petition.No.3070 of 2020 Dated : 11.08.2020 RPD