Andhra Pradesh High Court - Amravati
Pasumarthi Adhi Nageswara Rao vs State Of Ap on 22 October, 2019
Author: J. Uma Devi
Bench: J. Uma Devi
THE HON'BLE Ms. JUSTICE J. UMA DEVI
CRIMINAL PETITION No.6243 OF 2019.
ORDER:
This petition is filed under Section 482 Cr.P.C., to quash the proceedings in C.C.No.361 of 2019 on the file of the Special Second Class Magistrate at Ramachandrapuram registered for the offences punishable under Sections 269, 271,272,273 IPC and Section 5 of Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, "the Act") on various grounds.
Heard the learned counsel appearing for the petitioner and the learned Public Prosecutor appearing for the State.
When the matter is taken up for hearing, it is brought to the notice of this Court by the learned counsel for the petitioner that the matter is squarely covered by order dated 12.09.2019, passed by this Court in Crl.P.No.4978 of 2019.
A perusal of the above said order shows that the tobacco products would not fall within the definition of Section 3(i) of Food Safety and Standard Act, 2006 and the police are not authorized to register the crime. Insofar as the offence under Section 188 IPC, it has been held by this Court that as per Section 195(1)(a)(i) of Cr.P.C, no Court shall take cognizance of the said offence except on the complaint in writing of that Court or by an Officer, the Court whomsoever it authorizes in writing on its behalf, or of some other Court to which that Court is subordinate. In the instant case, F.I.R is registered on the complaint of the Sub Inspector. Thus, there is no clear violation of Section 195 Cr.P.C 2 Following the above order and for the reasons recorded therein, this criminal petition is allowed and the proceedings in C.C.No.361 of 2019 on the file of the Special Second Class Magistrate at Ramachandrapuram registered for the offences punishable under Sections 269, 271,272,273 IPC and Section 5 of the Act, are hereby quashed.
Consequently, miscellaneous petitions pending, if any, shall also stand disposed of.
________________ J. UMA DEVI, J Date.22.10.2019.
Gk 3 THE HON'BLE Ms. JUSTICE J. UMA DEVI 81 CRIMINAL PETITION No.6243 OF 2019.
Date:22.10.2019.
Gk.