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2020 DIGILAW 567 (AP)

T. Vengala Rao v. State Of Andhra Pradesh

2020-09-07

D.RAMESH

body2020
JUDGMENT D.Ramesh, J. - This Criminal Petition is filed under Section 482 of Cr.P.C seeking quash of the F.I.R.No.521 of 2020 registered against them on the file of the Station House Officer, Nagarampalem Police Station for the offences punishable under Sections 188, 328, 273 of IPC and Section 59(1) of the Food Safety & Standards Act, 2006 (for short, 'the FSS Act'). 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 3. When the matter is taken up for hearing, both the learned counsel for the petitioners and the learned Additional Public Prosecutor would submit that this matter is squarely covered by earlier decisions of this Court, whereunder the accused against whom similar cases were registered on the basis of similar set of facts were quashed by this Court as the prosecution is not maintainable against them under law and also on the ground that Tobacco products would not fall within the definition of 'food' as defined under Section 3(i)(j) of FSS Act and that the police are not authorized to register the crime and investigate the same and to file the charge sheet. Therefore, they would submit that the petitioners herein also who are facing the prosecution on the same set of facts under the same Sections of law are similarly placed and they are also entitled for quash of the proceedings. The petitioners have also produced the earlier orders passed by this Court in Crl.P.No.3731 of 2018 and batch which are disposed of on 27.08.2018 and also the order passed in Crl.P.No.222 of 2020, dated 21.01.2020. 4. A perusal of the aforesaid orders show that similar crimes, which were registered against the petitioners therein on the same set of facts, were quashed by this Court. Therefore, the petitioners herein, who are also facing the prosecution on the basis of the similar set of facts under the same Sections of law, are also similarly placed and they are also entitled to quash of criminal proceedings which are launched against them as this Court has already held that the said prosecution in the facts and circumstances of the case is not maintainable under law. 5. In the result, Criminal Petition is allowed. The criminal proceedings initiated against the petitioners herein in Cr.No.521 of 2020 of Nagarampalem Police Station as mentioned in the petition are hereby quashed. 6. Pending miscellaneous petitions, if any, shall stand closed.