Allowed

Kothamasu Jyothi Bose v. the State of Andhra Pradesh

Andhra Pradesh HC1 Mar 2023CRLP/762/2023

Case brief

AI extract

What is this about?

The Court allowed a Criminal Petition under Section 482 Cr.P.C. to quash proceedings for IPC and Food Safety Act offences, relying on a prior common order. Investigation for NDPS Act offences was preserved. Pending miscellaneous applications were closed.

What did the court decide?

The proceedings in CC No.949 of 2018 were quashed for offences under IPC and FSS Act. Investigation under NDPS Act to continue.

Kothamasu Jyothi Bose Vs the State of Andhra… — Consumer Protection | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.762 of 2023

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Order:

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This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the Petitioner/accused, to quash the proceedings in CC No.949 of 2018 on the file of the learned Additional Junior Civil Judge, Mangalagiri, Guntur District, registered for the offences punishable under Sections 420, 272, 273, 188 IPC and Sections 57, 58, 59 and 63 of the Food Safety Standards Act, 2006.

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Today, when the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner and admitted to by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition No.2966 of 2021 and batch, dated 28.12.2021, wherein this Court held thus.

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“Criminal Petition Nos.3555, 3671, 3725, 4062 and 4064 of 2021 are partly allowed quashing the FIRs (shown in Table-III) registered for the offences punishable under the provisions of the IPC, FSS Act and COPTA alone. The Investigating officers shall proceed with the investigation in relation to the offences punishable under the provisions of NDPS Act relating to the FIRs shown in Table-III.”

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Hence, following the said order passed by this Court in Criminal Petition No.2966 of 2021 and batch, dated 28.12.2021, and for the reasons mentioned therein, this Criminal Petition is allowed quashing the proceedings in CC No.949 of 2018 on the file of the learned Additional Junior Civil Judge, Mangalagiri, Guntur district, against the petitioner herein/accused for the offences punishable under the provisions of the IPC and FSS Act.

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