Andhra Pradesh High Court - Amravati
Kothamasu Sudhakar Rao vs The State Of Andhra Pradesh on 22 June, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.4285 OF 2022
Between:-
Kothamasu Sudhakar Rao
... Petitioner/Accused
and
The State of Andhra Pradesh represented by
Represented by its Public Prosecutor.
... Respondent
Counsel for the petitioner : Mr.Raja Reddy Koneti
Counsel for the respondent : The Public Prosecutor
ORDER:
Heard the learned counsel for the petitioners and Mr.Sravan Kumar Naidana, learned Special 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.69 of 2022 on the file of Pedanandipadu Police Station, Guntur District registered for the offences punishable under Sections 188, 272 & 273 of the Indian Penal Code, 1860, and Section 20(2) 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 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 2 and 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 and 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 petitioners in this case.
6. Since the present case is squarely covered by the decision in Criminal Petition No.3731 of 2018 and batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioners in Crime No.69 of 2022 on the file of Pedanandipadu Police Station, Guntur District. As the offences registered against the petitioners are quashed, the tobacco products seized in connection with the Crime shall be returned to the petitioner. Miscellaneous applications, pending if any, shall stand closed.
________________________ NINALA JAYASURYA, J June 22, 2022.
vasu