Andhra Pradesh High Court - Amravati
Koudarapu Srinivasa Rao vs The State Of Andhra Pradesh on 15 September, 2022
Author: Ninala Jayasurya
Bench: Ninala Jayasurya
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
HON'BLE SRI JUSTICE NINALA JAYASURYA
CRIMINAL PETITION No.7389 OF 2022
Between:-
Koudarapu Srinivasa Rao
and others
... Petitioners/
Accused Nos.2 to 4, 6 to 10
and
The State of Andhra Pradesh represented by
Represented by its Public Prosecutor
and another
... Respondents
Counsel for the petitioners : Mr.T.Harish Kumar
Counsel for the 1st respondent : The Public Prosecutor
ORDER:
The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1972 seeking to quash the proceedings against the petitioners in Crime No.25 of 2020 on the file of Lalapet Police Station, Guntur Urban.
2. Heard the learned counsel for the petitioners and learned Assistant Public Prosecutor representing the respondent-State.
3. The petitioners are Accused Nos.2 to 4 & 6 to 10 in the above Crime registered for the offences punishable under 2 Sections 382, 270, 273, 284 of the Indian Penal Code, 1860 (IPC) and Sections 57(1), 58 of the Food Safety and Standards Act, 2006.
4. The learned counsel for the petitioners inter alia submits that the matter is squarely covered by the decision in Criminal Petition No.1432 of 2020 and batch, dated 30.7.2020 as also the decision in Criminal Petition No.5675 of 2020 and batch dated 09.12.2020 wherein in similar circumstances, the F.I.Rs/Charge Sheets registered with regard to similar offences were quashed. He submits that the offences were registered against the petitioners in identical circumstances and therefore they are entitled for quashing of the charge sheet registered against them.
5. The learned Assistant Public Prosecutor fairly submits that the matter is covered by the decisions on which reliance is placed by the learned counsel for the petitioners.
6. Considering the submissions and perusing the material on record including the decision in Criminal Petition No.5675 of 2020 and batch dated 09.12.2020 wherein a learned Judge was pleased to quash the F.I.Rs registered against the 3 petitionerss therein for the offences punishable under Sections 188, 172, 173, 328, 353, 420 of IPC as also Sections 56, 57(1), 58, 59 and 62 of the Food Safety and Standards Act, 2006 and under Sections 24(1) read with 27 of COTPA, this Court is inclined to allow the Criminal Petition.
7. In view of the decisions in Criminal Petition No.1432 of 2020 and batch, dated 30.7.2020 and for the reasons alike, the Criminal Petition is allowed and the proceedings against the petitioners in Crime No.25 of 2020 on the file of Lalapet Police Station, Guntur Urban are quashed. No costs. Miscellaneous applications, pending if any, shall stand closed.
________________________ NINALA JAYASURYA, J September 15, 2022.
vasu