Allowed

Bhaskar at Gajula Bhaskar v. The State of Andhra Pradesh

Andhra Pradesh HC13 Sept 2019CRLP/4918/2019

Case brief

AI extract

What is this about?

This criminal petition sought quashing of proceedings regarding alleged possession of banned tobacco products. The Court allowed the petition, holding that tobacco products fall outside the definition under Section 3(j) of the FSS Act and that Section 188 IPC offences were improperly registered suo moto without court complaint.

What did the court decide?

Proceedings under Sections 328, 272, 273 of IPC and Section 59(i) of FSS Act, 2006 and Section 188 of IPC are quashed. Pending interlocutory applications stand closed.

Bhaskar at Gajula Bhaskar Vs The State of Andhra… — Quashing and FIR | Andhra Pradesh HC (2019)

¶1

HON’BLE SRI JUSTICE U. DURGA PRASAD RAO CRIMINAL PETITION No.4918 OF 2019

¶2

ORDER :

¶3

The petitioner/A2 seeks to quash the proceedings against him in Crime No.148 of 2019 of Nellore VI Town Police Station, SPSR Nellore District, which was registered against him for the offences under Sections 328, 272, 273, 188 of IPC and Sec.59(i) of Food Safety and Standards Act, 2006 ( for short ‘FSS Act, 2006).

¶4

2. The allegations against the petitioner briefly are that on 08.08.2019 at 18:30 hours, the S.I of Police along with staff, on credible information proceeded to the house of petitioner situated at NTR Nagar, Nellore, found the petitioner was having gunny bags contained banned tobacco products, seized the same under a cover of panchanama, later he arrested him and registered a case in Crime No.148 of 2019 for the offences stated supra .

¶5

3. Learned counsel for petitioner while denying the FIR allegations would submit that even if the prosecution case is accepted to be true, tobacco products would not fall within the definition of Section 3(j) of FSS Act and therefore, the Police are not authorized to register the crime, investigate and file charge sheet and therefore, registration of the FIR is contrary to the provisions of FSS Act. He relied upon the order of this Court in Crl.P.Nos.3731 of 2018 & batch, dated 27.08.2018. As can be seen, in the said common order a learned Judge of this Court partly allowed the criminal petitions and

¶6

quashed the offences punishable under Indian Penal Code and FSS Act.

¶7

4. So far as the offence under Section 188 of IPC is concerned, as per Section 195(1)(a)(i) of Cr.P.C, no Court shall take cognizance of the said offence except on the complaint in writing of that Court or by such Officer of the Court as that Court may authorise in writing in this behalf, or of some other Court to which that Court is subordinate. However, in the instant case, the F.I.R is registered suo moto filed on the report of the S.I of Police, Nellore VI Town Police Station. Therefore, it is the violation of Section 195 of Cr.P.C so far as the Section 188 of IPC is concerned and therefore, the said offence is also liable to be quashed.

¶8

5. Following the above order and for the reasons recorded therein, this criminal petition is allowed and the proceedings initiated against the petitioner/A2 under Sections 328, 272, 273, 188 of IPC and Section 58(i) of Food Safety and Standards Act, 2006 are hereby quashed.

¶9

As a sequel, Interlocutory Applications pending, if any, in this

¶10

case shall stand closed.

¶11

U. DURGA PRASAD RAO, J

¶12

13.09.2019 MS

¶13

HON'BLE SRI JUSTICE U. DURGA PRASAD RAO

¶14

CRIMINAL PETITION No.4918 OF 2019