Andhra Pradesh High Court
CRLP/6805/2024 of Nayudu Umamaheswari Vs The State of Andhra Pradesh, on 31 December 2024
COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 6805 OF 2024 Between: 1. Nayudu Umamaheswari, W/o. Late Sambasiva Rao, aged about 50 years, R/o. Door No.
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 6805 OF 2024
Between:
1. Nayudu Umamaheswari, W/o. Late Sambasiva Rao, aged[about]50years,R/o. Door No.8-261, Penumaka Road, YerrabalemVillage,Mangalagiri Mandal, Guntur District, Andhra Pradesh (A-1)years,R/o. Door No.8-261, Penumaka Road, YerrabalemVillage,Mangalagiri Mandal, Guntur District, Andhra Pradesh (A-1)
2. Molabanti Chandra Sekhar, S/o. Jalaiah, aged 54 years, R/o. Door No.14-383, Ambedkar Colony,PrakashNagar,Tadepalli VillageandMandal, Guntur District, Andhra Pradesh (A-2)14-383, Ambedkar Colony,PrakashNagar,Tadepalli VillageandMandal, Guntur District, Andhra Pradesh (A-2)
...Petitioner/Accused
AND
The State of Andhra Pradesh, represented by its Public Prosecutor,High Court of Andhra Pradesh at High Court Buildings at Amravathi,Guntur District, Andhra Pradesh. (Mangalagiri Rural Police Station)
...Respondents
Petition under Section 482 of Cr.P.C & 528 of BNSS, praying that inthe circumstances statedin the Memorandumof Groundsof CriminalPetition, the High Court may be pleased to call for the records relatingtoand in connection with CC No. 722 of 2019 dated 26.07.2019on the file ofthe Additional Junior Civil Judge, Mangalagiri in FIR No. 274 of 2019 dated 01.07.2019 on thefile of Mangalagiri Rural Policestation,MangalagiriGuntur District and to quash the same.
I.A. NO: 2 OF 2024
PetitionunderSection482ofCr.P.Cprayingthatinthecircumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings in CC No.722 of 2019 dated 26.07.2019 on the file of the Additional JuniorCivilJudge, Mangalagiri in FIR No. 274 of 2019 dated 01.07.2019 on the file ofMangalagiri Rural Police Station, Mangalagiri, Guntur[District.]
This Petition coming on for hearing, upon perusing[the] Memorandumof Grounds of Criminal Petition and upon hearing the argumentsof SriChetan Ponnuru, Advocate for the Petitioner and the Public Prosecutoronbehalf of the Respondent.
The Court made the following:
APHC010419792024
IN THE HIGH COURT OF ANDHRA PRADESHAT AMARAVATI(Special Original Jurisdiction)
[3396]
TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA
CRIMINAL PETITION NO: 6805/2024
Between:Nayudu Umamaheswari and Others
...PETITIONER/ACCUSED(S)...RESPONDENT/COMPLAINANT
AND
The State Of Andhra Pradesh
Counsel for the Petitloner/accused(S):
1.CHETAN PONNURU
Counsel for the Respondent/complainant:
1.PUBLIC PROSECUTOR
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ORDER:
The instant petition under Section 482 of the Code[of][ Criminal][ Procedure,]1973 (in short “Cr.P.C.”) has been filed, by the Petitioners/Acc[used][ Nos.1][ and]2,seeking quashment of the proceedings against them in[C.C.No.722][ of][ 2019][ on][ the]fileof theCourtof AdditionalJuniorCivilJudge,Mangalagiri,GunturDistrictregistered for the offence under Sections 188, 272[and 328][ of][ the]Indian PenalCode, Sections 56, 59 and 63 of the Food Safety and[Standards][ Act,][ 2006.]
2. HeardSriChetanPonnuru,learnedcounselforthepetitionersandMs.K.Priyanka Lakshmi, learned Assistant Public Prosecutor[for][ the][ State.]
3. It is submitted by the learned counsel for the petitioners[and][ acceded][ to,][ by]thelearned Assistant Public Prosecutor that the subjectmatterof this CriminalPetition is squarely covered by the common order passed[by][ this][ Court][ in][ Criminal]
Petition Nos.5421 of 2019 and batch, dated 18.12.2019, wherein this Court held asfollows.
“But as far as the present cases are concerned, this Court byexercising the power under section 482 Cr.P.C and following[the]mandateof theHon’ble Supreme Court ofIndiain StateofHaryanav. Bhajanlal and the judgment of the High[Court][ of]Allahabad in M/s.Pepsico India Holdings(Pvt) Ltd.,[and Another](4 supra),is constrainedtohold thatall the FIRs/casesthathave been registered under the provisions of the IPC,[FSS][ Act]and the COTPA Act are quashed, leaving it open to them, if theyso desire to pursue the prosecution in respect of the[offences]under the other enactments,if any. The offences under[the]NDPS Act can be pursued. The offences under the COTPA Act,can only be launchedif the police find that the sections 5, 6 7and10 are not complied with. Except on these verylimitedgrounds genuine/legitimate traders cannot be prosecuted.
It is hoped that copies of the orders passed by the[learned]single Judge in Crl.P.No.3731 of 2018 and batch and this orderare widely circulated by the Director General of Police[and][ the]Chief Secretary of the State of Andhra Pradesh throughout[the]state of Andhra Pradesh so that the time and effort of the policeare devoted to more serious crimes. Whatever be the impact oftobacco products on the health of an individual or the nation;tillthe lawis amended/modifiedit has to be followed. As held bymany Courts earlier; it may be hard, but it is the[law.]
Withtheaboveobservations,thecriminalpetitionsareallowed.”
4. Hence, following the said Orders passed by this CourtinCriminalPetitionNos.5421 of 2019 and batch, dated 18.12,2019, and taking[into][ consideration][ of][ the]facts and circumstances of the case, this criminal petition is allowed by quashing theproceedings against the Petitioners/Accused Nos.1 and 2 in C.C.No.722 of 2019 onNos.5421 of 2019 and batch, dated 18.12,2019, and taking[into][ consideration][ of][ the]facts and circumstances of the case, this criminal petition is allowed by quashing theproceedings against the Petitioners/Accused Nos.1 and 2 in C.C.No.722 of 2019 on \
the file of the Court of Additional Junior Civil Judge, Mangalagiri for the offencesunder Sections 188, 272 and 328 of the Indian Penal Code and Sections 56, 59 and63 of the Food Safety and Standards Act, 2006.
Pending applications,if any, shall stand closed.
SD/- K KASIRAO ACHARIASSISTANT REGISTRAR
//TRUE COPY//
SEOFFICER1. TheAdditionalCivilJudge(JuniorDivision),Mangalagiri,GunturDistrict.
To,
2. The Station HouseOfficer, MangalagiriRuralPolice Station, GunturDistrict.
3. One CC toSri. Chetan Ponnuru, Advocate [OPUC]
4. Two GO'S to The Public Prosecutor, High Court of[Andhra][ Pradesh][ at]Amaravati [OUT]Amaravati [OUT]
5. Three CD Copies
SAM
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HIGH COURT
DATED;31/12/2024
ORDERCRLP.No.6805 of 2024
ALLOWING THIS CRLP
ANDH^05 FEB W25