Andhra Pradesh High Court

CRLP/5617/2021 of Lalu sahu alias Prakash sahu, Vs The State of Andhra Pradesh on 31 December 2021

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SRI JUSTICE D.RAMESH CRIMINAL PETITION No.5617 OF 2021 ORDER:- This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), is filed seeking quash of the F.I.R. in Crime No.116/2021 of Pachipenta police station, Vizianagaram

THE HON’BLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION No.5617 OF 2021

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ORDER:-

This criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short “Cr.P.C.”), is filed seeking quash of the F.I.R. in Crime No.116/2021 of Pachipenta police station, Vizianagaram District, registered for the offences punishable under Sections 270, 273 of the Indian Penal Code, 1860 and under Section 22, r/w 5(1) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

2. Heard learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State.

3. Learned counsel for the petitioners would submit that this is a covered matter in view of the earlier common order passed by this Court in Criminal Petition Nos.5421 of 2019 and batch, whereby this Court has quashed several F.I.Rs. registered for the similar offences based on identical facts. Therefore, he would submit that the petitioners are similarly placed and they are also entitled for quash of the F.I.R. registered against them.

4. Learned Assistant Public Prosecutor fairly concedes that this is a covered matter in view of the aforesaid common order passed by this Court and thereby prayed to pass appropriate orders accordingly in this criminal petition.

5. Therefore, in view of the aforesaid common order of this Court and for the reasons stated therein, this Criminal Petition is allowed and the aforesaid F.I.R. registered against the petitioners, is hereby quashed.

Miscellaneous Petitions, if any pending, in this Criminal Petition, shall stand closed.

_____________________

JUSTICE D.RAMESH

Date: 31.12.2021 RD

RD

THE HON’BLE SRI JUSTICE D.RAMESH

CRIMINAL PETITION No.5617 OF 2021

Dated 31.12.2021

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