Allowed

Viswandhuni Raghu Kumar, v. State of Andhra Pradesh

Andhra Pradesh HC9 Dec 2020CRLP/5675/2020

Case brief

AI extract

What is this about?

This common order allowed four criminal petitions under Section 482 CrPC seeking quashing of FIRs and charge sheets filed for offences covered by a previous order of this Court, which quashed similar proceedings under the IPC and related special laws.

What did the court decide?

The FIRs and the charge sheets registered against the petitioners herein are hereby quashed.

Viswandhuni Raghu Kumar, Vs State of Andhra Pradesh — Quashing and FIR | Andhra Pradesh HC (2020)

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION NOS.5675, 5676, 5681 AND 5682 OF 2020

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COMMON ORDER:-

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These criminal petitions under Section 482 of the Code of Criminal Procedure, 1973, are filed seeking quash of the charge sheets in C.C.No.702 of 2018 on the file of the learned Additional Judicial Magistrate of First Class, Kavali, SPSR Nellore District and C.C.No.976 of 2020 on the file of the learned Additional Judicial Magistrate of First Class, Gudur and also the F.I.Rs. registered in Crime No.203 of 2019 of Atchampet Police Station, Guntur District and Crime No.161 of 2019 of Naidupet Police Station, SPSR Nellore District.

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Heard learned counsel for petitioners and the learned Additional Public Prosecutor.

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Learned counsel for the petitioners would submit that these are covered matters and this Court has earlier quashed the F.I.Rs and charge sheets registered for the similar offences based on identical facts. Therefore, they would submit that the petitioners, who are similarly placed, are also entitled for quash of the F.I.Rs and charge sheets registered against them.

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Learned Additional Public Prosecutor would fairly concede that these are covered matters in view of the earlier orders of this Court and thereby prayed to pass appropriate orders accordingly.

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As can be seen from the copy of the common order produced by the petitioners in Criminal Petition No.1432 of

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2020 and batch, it is clear that this Court has quashed the F.I.Rs registered in various police stations for the offences punishable under Sections 188, 272, 273, 328, 353, 420 of the Indian Penal Code, 1860, under Sections 56, 57(1), 58, 59 and 63 of the Food Safety and Standards Act, 2006 and under Sections 24 (1) r/w 27 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003. 6. Therefore, in view of the aforesaid order of this Court and for the reasons stated therein, these Criminal Petitions are allowed and the F.I.Rs and the charge sheets registered against the petitioners herein, are hereby quashed.

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Pending applications, if any, shall stand closed.

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_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY

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Date : 09-12-2020 ARR

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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY

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CRIMINAL PETITION NOS.5675, 5676, 5681 AND 5682 OF 2020

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