Andhra Pradesh High Court - Amravati
Vennu Suresh vs The State Of Andhra Pradesh on 28 September, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
THE HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.7814 OF 2022
Between:-
Vennu Suresh and 2 others ..... Petitioners/A.1 to A.3
And
The State of Andhra Pradesh,
represented by its Public Prosecutor,
High Court of Andhra Pradesh,
Amaravati. ...... Respondent
Counsel for the Petitioners : Mr.D.Kasi Rao
Counsel for the Respondent : The Assistant Public Prosecutor
ORDER:
Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor representing the respondent.
2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in F.I.R.No.165 of 2022, dated 24.09.2022 on the file of Station House Officer, Inkollu Police Station, Bapatla District, registered for the offences punishable under Sections 188, 273 of IPC 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 2 (for short, COTPA), and consequently direct the concerned Station House Officer to return the tobacco products as also Car bearing Registration No.AP16AZ2958 seized in connection with the Crime.
3. The learned counsel for the petitioners 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 petitioners.
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 petitioners 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 3 proceedings against the petitioners in F.I.R.No.165 of 2022, dated 24.09.2022 on the file of Station House Officer, Inkollu Police Station, Bapatla District. As the offences registered against the petitioners are quashed, the concerned Station House Officer shall return the tobacco products as also Car bearing Registration No.AP 16 AZ 2958 seized in connection with the Crime on proper identification and acknowledgment.
As a sequel, miscellaneous applications, pending if any, shall stand closed.
__________________ NINALA JAYASURYA, J Date: 28.09.2022 IS 4 THE HON'BLE SRI JUSTICE NINALA JAYASURYA CRIMINAL PETITION No.7814 OF 2022 Date: 28.09.2022 IS