Pagadala Veera Narayana Reddy v. State Of Andhra Pradesh
2020-11-25
CHEEKATI MANAVENDRANATH ROY
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DigiLaw.ai
JUDGMENT Cheekati Manavendranath Roy, J. - This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.") is filed seeking quash of the charge sheet in C.C.No.3836 of 2020 on the file of the learned III Additional Chief Metropolitan Magistrate, Vijayawada City. 2. Heard learned counsel for the petitioners and the learned Additional Public Prosecutor. 3. The petitioners are A-1 to A-3 in C.C.No.3836 of 2020 on the file of the learned III Additional Chief Metropolitan Magistrate, Vijayawada City. They are facing prosecution for the offences punishable under Sections 188, 267, 270, 273 r/w 34 of the Indian Penal Code, 1860 for dealing with the banned tobacco products. 4. Learned counsel for the petitioners would submit that it is a covered matter and this Court as per the earlier orders passed in this regard, has quashed several F.I.Rs as well as charge sheets registered for the similar offences based on identical facts. Therefore, he would pray for quash of the charge sheet against these petitioners. 5. Learned Additional Public Prosecutor would fairly concede that this is a covered matter in view of the earlier orders passed by this Court. Therefore, he would submit to pass appropriate order in this matter accordingly. 6. This Court as per common order passed in Crl.P.Nos.5421 of 2019 and batch, held that "tobacco" does not fall within the definition of "food", as specified under Section 3(i)(j) of the Act and thereby quashed the F.I.R. registered for the said offences. Based on the said order, this Court again in Criminal Petition No.2408 of 2020 quashed the F.I.R. registered for the similar offences. Therefore, in view of the aforesaid earlier orders, the petitioners, who are also similarly placed, are entitled for quash of the criminal proceedings registered against them. 7. In view of the aforesaid earlier orders passed by this Court and for the reasons stated therein, this Criminal Petition is allowed and the charge sheet in C.C.No.3836 of 2020 on the file of the learned III Additional Chief Metropolitan Magistrate, Vijayawada City, is hereby quashed. Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.