Andhra Pradesh High Court - Amravati
P.Santhosh Kumar vs State Of Ap on 1 October, 2019
Author: M.Satyanarayana Murthy
Bench: M.Satyanarayana Murthy
THE HON'BLE SRI JUSTICE M.SATYANARAYANA MURTHY
CRIMINAL PETITION NO.5072 OF 2019
ORDER:
This criminal petition is filed under Section 482 of Cr.P.C to quash the proceedings against the petitioners in Crime No.169 of 2019 for the offences punishable under Sections 269, 270, 420 r/w 34, 271, 273, 418 of Indian Penal Code (for short 'I.P.C') and Sections 5(1) and 22 of Cigarettes and Other Tobacco Products Prohibition, Advertisement and Regulation, Trade, Production Supply and Distribution Act, 2003.
Learned counsel for the petitioners placed reliance on the judgment of learned single Judge of this Court in similar circumstances passed in Crl.P No.4060 of 2019 dated 12.07.2019, and requested to issue similar order, the operative portion of which reads as follows:
"This Criminal Petition is filed, under Section 482 of the Code of Criminal Procedure, 1973, to quash the proceedings against the petitioner-accused in C.C. No.222 of 2019 on the file of the Court of Additional Judicial First Class Magistrate, Nandigama, for the offences under Sections 269, 270, 271, 273, 420, 418 IPC, Sections 5 and 22 of Cigarettes and Other Tobacco Products Prohibition, Advertisement and Regulation, Trade, Production Supply and Distribution Act, 2003.
2. Heard the learned counsel for the petitioner and learned Public Prosecutor for the respondent-State.
3. Both the counsels agree that this matter is squarely covered by the judgment of the single Judge in the batch petitions bearing Criminal Petition Nos.3731 of 2018 and others. The same was also followed in Criminal Petition No.1697 of 2019 and others by the learned single Judges of this Court.
4. In view of the fact that this matter is squarely covered by the earlier orders, the Criminal Petition is allowed and the proceedings against the petitioner in C.C. No.222 of 2019 on the file of the Court of Additional Judicial First Class Magistrate, MSM,J Crl.P.No.5072 of 2019 2 Nandigama, for the offences under Sections 269, 270, 271, 273, 420, 418 IPC, Sections 5 and 22 of Cigarettes and Other Tobacco Products Prohibition, Advertisement and Regulation, Trade, Production Supply and Distribution Act, 2003, are hereby quashed. As a sequel, the Miscellaneous Applications, if any pending shall stand closed." Let there be similar order even in this case. In the result, the proceedings against the petitioners in Crime No.169 of 2019 for the offences punishable under Sections 269, 270, 420 r/w 34, 271, 273, 418 of Indian Penal Code (for short 'I.P.C') and Sections 5(1) and 22 of Cigarettes and Other Tobacco Products Prohibition, Advertisement and Regulation, Trade, Production Supply and Distribution Act, 2003, are hereby quashed and criminal petition is allowed.
Consequently, miscellaneous applications pending if any, shall stand closed.
_________________________________________ JUSTICE M. SATYANARAYANA MURTHY Date:01.10.2019 SP