Paddineni Venu Alias Mahesh vs. The State Of Andhra Pradesh
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Order Issued After Hearing
Purpose:
Disposed
Before:
Hon'ble J K Maheshwari
Listed On:
21 Jul 2020
Original Order Copy
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Order Text
HIGH COURT OF ANDHRA PRADESH: AMARAVATI
CHIEF JUSTICE J.K. MAHESHWARI
CRIMINAL PETITION No.2408 of 2020
Paddineni Venu and others … Petitioners
Versus
The State of Andhra Pradesh, rep. by its Public Prosecutor, High Court, Amaravati
… Respondent
| Counsel for petitioners | : | Sri Raja Reddy Koneti |
|---|---|---|
| Counsel for the respondent | : | Public Prosecutor |
ORAL ORDER
(Through Video Conferencing)
Dt:21.07.2020
Seeking quashment of FIR No.190 of 2020 dated 17.06.2020 on the file of Kavali I Town Police Station, SPSR Nellore District, registered against the petitioners for the offences punishable under Sections 272, 273 & 328 IPC and Section 59(1) of the Food Safety and Standards Act, 2006 (in short "the Act"), the present criminal petition has been filed under Section 482 of the Code of Criminal Procedure, 1972.
Counsel for the petitioners has placed reliance on the common order dated 18.12.2019 passed by a coordinate Bench of this Court in Criminal Petition Nos.5421 of 2019 and batch, holding that "tobacco" does not fall within the definition of "food", as specified under Section 3(i)(j) of the Act, therefore, registration of FIR is not permissible . Reliance has also been placed on the common order dated 05.03.2020 passed by another coordinate Bench of this Court in Criminal Petition Nos.5103 of 2019 and batch, quashing the FIRs., therein. In view of the aforesaid, it is urged that FIR may be quashed.
On the other hand, though the Public Prosecutor opposed the relief prayed for, but, he is not in a position to dispute the fact that various petitions filed before this Court under Section 482 Cr.P.C. have been
allowed and FIRs., have been quashed on the basis of the analogy has put forth by the petitioners before this Court.
Considering the aforesaid and looking to the undisputed fact that, previously, FIRs., have been quashed by this Court in similar matters, however, registration of FIR and proceeding with trial is wholly undesirable.
In that view of the matter, this Criminal Petition is allowed and FIR No.190 of 2020 dated 17.06.2020 on the file of Kavali I Town Police Station, SPSR Nellore District, is hereby quashed; consequently no further action is necessary in the facts of the case.
As a sequel, all the pending miscellaneous applications shall stand closed.