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High CourtsSingle Bench(2022) 06 AP CK 0049

Padarthi Kishore vs State Of Andhra Pradesh

Andhra Pradesh High Court · Decided on 24 June 2022

HON’BLE JUDGES
Ninala Jayasurya, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 4373 Of 2022

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Judgment

7 paragraphs · 324 words

Ninala Jayasurya, J

1.

The present Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1972 seeking to quash the proceedings against the petitioner/Accused in Crime No.47 of 2022 on the file of Thallur Police Station, Prakasam District, which was registered for the offences under Section 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 and consequently direct the Police to release the tobacco products seized in this case.

2.

Heard Mr.Habibulla Shaik, learned counsel for the petitioner and learned Additional Public Prosecutor representing the respondent.

3.

The learned counsel for the petitioner while placing reliance on the decision of this Court in Criminal Petition No.3731 of 2018 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 petitioner 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 petitioner in Crime No.47 of 2022 on the file of Thallur Police Station, Prakasam District. As the offences registered against the petitioner are quashed, the tobacco products seized in connection with the said Crime shall be returned to the petitioner. Miscellaneous applications, pending if any, shall stand closed.