Allowed

Kakumanu Gopi Naga Venkata Manikanta Gupta v. the State of Andhra Pradesh

Andhra Pradesh HC1 Mar 2023CRLP/768/2023

Case brief

AI extract

What is this about?

An accused filed a petition under Section 482 Cr.P.C. seeking quashing of proceedings for IPC and COPTA offences. Following a batch order which addressed NDPS charges separately, the court allowed the petition to quash proceedings regarding IPC and COPTA offences.

What did the court decide?

Quashing of proceedings in C.C. No.221 of 2019 against the petitioner insofar as offences punishable under IPC and COPTA are concerned.

Kakumanu Gopi Naga Venkata Manikanta Gupta Vs… — Company and Corporate | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.768 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 C.C. No.221 of 2019 on the file of the learned III Additional Metropolitan Magistrate, Vijayawada City, registered for the offences punishable under Sections 270, 273 and 120-B IPC and Section 20(2) of the Cigarettes and other Tobacco Products Act.

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When the matter is taken up for hearing, it is submitted by the learned counsel for the petitioner and acceded 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 C.C. No.221 of 2019 on the file of the learned III Additional Metropolitan Magistrate, Vijayawada City, against the petitioner herein/accused insofar as the offences punishable under the provisions of the IPC and COPTA.

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As a sequel thereto, the miscellaneous applications, if any, pending in this Criminal Petition shall stand closed.

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_________________________ K. SREENIVASA REDDY, J.

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Date:01.03.2023

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Note : Office to attach copy of order in Criminal Petition No.2966 of 2021 and batch, dated 28.12.2021, to this order. (B/O) Nsr

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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