Andhra Pradesh High Court - Amravati
M. Obul Reddy, vs The State Of Andhra Pradesh, on 8 September, 2020
Author: D.Ramesh
Bench: D.Ramesh
THE HONOURABLE SRI JUSTICE D.RAMESH
CRIMINAL PETITION No.3710 of 2020
ORDER:
Seeking quashment of F.I.R.No.247 of 2019 on the file of Baireddipalle Police Station, Chittoor District, registered against the petitioners for the offences punishable under Sections 270, 273, 420, 188 IPC and Sections 24 (1) and 27 of COTPA, the present Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1972.
Counsel for the petitioners 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.
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.
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Considering the aforesaid and looking to the undisputed fact that, previously, FIRs., have been quashed by this Court in similar matters, however, registration of FIR and proceeding with trial is wholly undesirable.
It is to observe here that by use of tobacco, said to be poisonous or intoxicant, on human consumption, therefore Section 328 of IPC is added. But, no such FSL Report is on record. In fact, it is an outcome of the offence under Section 273 of IPC. Once it is found that Tobacco is not "food", the said offence also is not made out.
In that view of the matter, this Criminal Petition is allowed and F.I.R.No.247 of 2019 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.
______________ D.RAMESH,J 08th September, 2020.
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