This common order on four criminal petitions allows the petitions under Section 482 CrPC, quashing FIRs and charge sheets for offences under IPC, FoSSA, and Cigarettes Act based on identities of facts and earlier quashing orders.
FIRs and charge sheets registered against the petitioners in the specified cases are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY CRIMINAL PETITION NOS.5675, 5676, 5681 AND 5682 OF 2020
COMMON ORDER:-
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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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.
Pending applications, if any, shall stand closed.
_____________________________________________ JUSTICE CHEEKATI MANAVENDRANATH ROY
Date : 09-12-2020 ARR
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THE HON’BLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
CRIMINAL PETITION NOS.5675, 5676, 5681 AND 5682 OF 2020
Date : 09-12-2020
ARR
2 issues framed by the court
Whether the FIRs and charge sheets registered against the petitioners for similar offences can be quashed in view of earlier orders quashing identical matters.
Whether the petitioners are entitled to quash of FIRs and charge sheets as they are similarly placed to those in earlier covered matters.
4 provisions across 4 enactments
Petitioners
State / Public Prosecutor
CHEEKATI MANAVENDRANATH ROY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
