Andhra Pradesh High Court - Amravati
Shaik Karimulla 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.4265 OF 2022
Between:-
Shaik Karimulla, S/o.Khadar Mastan Vali
... Petitioner/Accused
and
The State of Andhra Pradesh represented by
Represented by its Public Prosecutor
and another
... Respondents
Counsel for the petitioner : Mr.G.V.Shivaji
Counsel for the respondent No.1 : The Public Prosecutor
ORDER:
Heard the learned counsel for the petitioner and Mr.Sravan Kumar Naidana, learned Special Assistant Public Prosecutor for the respondent No.1.
2. The present Criminal Petition has been filed seeking to quash the F.I.R. in Crime No.195 of 2021 on the file of Krosuru Police Station, Guntur District, registered for the offences punishable under Sections 188, 420, 272 and 273 of the Indian Penal Code, 1860 (IPC) and Section 20(1) read with 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). The petitioner is the sole accused in this crime.
3. At the time of considering the matter, it is stated by the learned counsel for the petitioner that in similar circumstances, a learned Judge of this Court considering the 2 matter in detail, was pleased to quash the F.I.R., registered against the petitioners therein vide decision in Criminal Petition No.2966 of 2021 and batch, dated 28.12.2021.
4. The learned Special Assistant Public Prosecutor has not disputed the above statement and the legal position with regard to the offences punishable under Sections 188, 272, 273, 328, 420 read with 34 IPC as also Section 5(1), 6(a), 6(b), 7, 20, 22, 24(1) of COTPA.
5. This Court has perused the decision of the learned Judge in the above batch of cases and in view of the legal position expounded therein, this Court is inclined to allow the present Criminal Petition for the reasons alike.
6. Accordingly, the Criminal Petition is allowed and the F.I.R., registered against the petitioner/accused in Crime No.195 of 2021 on the file of Krosuru Police Station, Guntur District is hereby quashed. Miscellaneous applications, pending if any, shall stand closed.
________________________ NINALA JAYASURYA, J June 22, 2022.
vasu