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2020 Supreme(AP) 609

ANDHRA PRADESH HIGH COURT AT AMARAVATI
Cheekati Manavendranath Roy, J.
Ranga Venkateswarlu - Appellant
Versus
State - Respondent
Criminal Petition No. 5353 of 2020, 5374 of 2020, 5006 of 2020
Decided On : 24-11-2020

Advocates Appeared:
Venkata Durga Rao Anantha, Advocate

The main legal point established is that the court may quash a charge sheet and F.I.Rs. based on earlier orders that had quashed similar F.I.Rs for identical offences.

Headnote:

Quash - Criminal Petitions - The court quashed the charge sheet and F.I.Rs. based on earlier orders that had quashed similar F.I.Rs for identical offences.

Fact of the Case:

The petitioners sought to quash the charge sheet and F.I.Rs. registered against them for various offences under the Indian Penal Code and the Food Safety and Standards Act.

Finding of the Court:

The court found that the petitioners were entitled to quash the charge sheet and F.I.Rs. based on earlier orders that had quashed similar F.I.Rs for identical offences.

Issues: The issue was whether the charge sheet and F.I.Rs. should be quashed based on earlier orders that had quashed similar F.I.Rs for identical offences.

Ratio Decidendi: The court relied on earlier orders that had quashed similar F.I.Rs for identical offences to quash the charge sheet and F.I.Rs. in the present case.

Final Decision: The court allowed the Criminal Petitions and quashed the charge sheet in C.C.No.614 of 2018 and the F.I.Rs. in Crime No.607 of 2020 and Crime No.538 of 2020.

JUDGMENT

Cheekati Manavendranath Roy, J. - These petitions are filed under Section 482 of the Code of Criminal Procedure, 1973, seeking quash of the charge sheet in C.C.No.614 of 2018 on the file of the learned Additional Junior Civil Judge, Macharla, Guntur District and quash of the F.I.Rs. registered in Crime No.607 of 2020 of Dachepalli Police Station, Guntur District and Crime No.538 of 2020 of Jaggaiahpeta Police Station, Krishna District.

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

3. A case under Sections 188, 273, 420 and 120B of the Indian Penal Code, 1860 (for short "I.P.C.") and under Section 59 (1) of Food Safety and Standards Act, 2006 (for short "F.S.S. Act") was registered against the petitioners in Crl.P.No.5353 of 2020; a case under Sections 188, 270, 273, 420 r/w 34 of I.P.C. and under Section 56, 63 and 57(1) of F.S.S. Act was registered against the petitioners in Crl.P.No.5374 of 2020; and a case under Sections 328, 269, 273 r/w 34 of I.P.C., Section 22 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 and under Section 34(A) of the Andhra Pradesh Excise Act, 1968 was registered against the petitioners in Crl.P.No.5006 of 2020.

4. 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 pray for quash of the present charge sheet and the F.I.Rs.

5. Learned Additional Public Prosecutor also would fairly concede that these are covered matters in view of the earlier orders passed by this Court quashing the F.I.Rs registered for the similar offences based on identical facts. Therefore, he would pray to pass appropriate orders according to law.

6. As can be seen from the copies of common order passed by this Court in Criminal Petition Nos.3731 of 2018 and batch and also another common order passed in Criminal Petition Nos.5421 of 2019 and batch, it is clear that this Court has earlier quashed several F.I.Rs registered for the similar offences based on identical facts. Therefore, in view of the aforesaid orders, the petitioners who are similarly placed, are also entitled for quash of the charge sheet and F.I.Rs respectively in these criminal petitions.

7. In the result, these Criminal Petitions are allowed and in view of the aforesaid earlier orders of this Court and for the reasons stated therein, the charge sheet in C.C.No.614 of 2018 on the file of the learned Additional Junior Civil Judge, Macharla, Guntur District and F.I.Rs. in Crime No.607 of 2020 of Dachepalli Police Station, Guntur District and Crime No.538 of 2020 of Jaggaiahpeta Police Station, Krishna District, are hereby quashed.

    Pending applications, if any, shall stand closed.

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