The court's decision was based on the applicability of a previous decision to the present case, leading to the quashing of the criminal proceedings.

Headnote:
Quashing of Criminal Proceedings - Indian Penal Code, 1860, Food Safety and Standards Act, 2006 - The court allowed the Criminal Petition, quashing the proceedings against the petitioners in a case registered for offences under the Indian Penal Code and the Food Safety and Standards Act, as it was squarely covered by a previous decision.
Fact of the Case:
The petitioners sought to quash the proceedings against them in a criminal case registered for offences under the Indian Penal Code and the Food Safety and Standards Act, and to have the seized property returned.
Finding of the Court:
The court found that the case was squarely covered by a previous decision and allowed the Criminal Petition, quashing the proceedings against the petitioners and directing the return of the seized property.
Issues: Quashing of criminal proceedings, applicability of previous decision
Ratio Decidendi: The court's decision was influenced by the fact that the present case was similar to a previous decision, and therefore, the proceedings against the petitioners were quashed.
Final Decision: The Criminal Petition was allowed, quashing the proceedings against the petitioners and directing the return of the seized property.

ORDER :

1. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor representing the respondent.

2. The present Criminal Petition has been filed seeking to quash the proceedings against the petitioners in Crime No. 222 of 2022 on the file of Repalle Police Station, Bapatla District, registered for the offences punishable under Sections 273, 420 of the Indian Penal Code, 1860, Sections 56, 57(1), 63 of the Food Safety and Standards Act, 2006, and consequently direct the concerned Station House Officer to return the property seized in connection with the Crime.

3. The learned counsel for the petitioners while placing reliance on the decision of this Court in Criminal Petition No. 3731 of 2018 and batch, dated 27.8.2018, submits that the matter is squarely covered by the said decision and the present Criminal Petition deserves to be allowed by quashing the proceedings against the petitioners.

4. The learned Assistant Public Prosecutor fairly submits that the matter is covered by the common order passed in Criminal Petition No. 3731 of 2018 and batch, dated 27.8.2018.

5. This Court has considered the submissions made by the learned counsel for both sides. A reading of the copy of the F.I.R. filed along with the material papers would clearly show that the Police have suo motu registered the Crime against the petitioners in this case.

6. Since the present case is squarely covered by the decision in Criminal Petition No. 3731 of 2018 and batch dated 27.8.2018, for the reasons alike, the Criminal Petition is allowed, quashing the proceedings against the petitioners in Crime No. 222 of 2022 on the file of Repalle Police Station, Bapatla District. As the offences registered against the petitioners are quashed, the tobacco products only seized in connection with the Crime shall be returned to the petitioners on proper identification and under acknowledgement. Miscellaneous applications, pending if any, shall stand closed.

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