Andhra Pradesh High Court - Amravati
Thallam Anjaneyulu vs The State Of Andhra Pradesh on 7 September, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE COURT OF ANDHRA PRADESH :: AMARAVATHI
HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.7075 OF 2022
Between:-
Thallam Anjaneyulu
... Petitioner
and
The State of Andhra Pradesh
Represented by its Public Prosecutor.
... Respondent
Counsel for the petitioner : Mr.Khambampati Ramesh Babu
Counsel for the respondent : Assistant Public Prosecutor
ORDER:
Heard the learned counsel for the petitioner and learned Assistant Public Prosecutor representing the respondent.
2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioner in Crime No.127 of 2022 on the file of Sattenapalli Town Police Station, Guntur District, registered for the offences punishable under Sections 420, 188, 272, 273 of Indian Penal Code (for short 'IPC') and Section 20(1) r/w 7(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short, COTPA), and consequently direct 2 the concerned Station House Officer to return the tobacco products seized in connection with the Crime.
3. The learned counsel for the petitioner while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 & batch, dated 27.8.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioner.
4. The learned Additional Public Prosecutor fairly submits that the matter is covered by the Common Order passed in Criminal Petition No.3731 of 2018 & batch, dated 27.8.2018.
5. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R., filed along with the material papers would clearly show that the Police have suo motu registered the Crime against the petitioner in this case.
6. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 & batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioner in Crime No.127 of 2022 on the file of Sattenapalli Police Station, Guntur District. As the offences 3 registered against the petitioner are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioner, on proper identification and acknowledgment.
Miscellaneous applications, pending if any, shall stand closed.
__________________ NINALA JAYASURYA, J 07.09.2022 BLV 4 HON'BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION No.7075 of 2022 Dt: 07.09.2022 BLV