CHEERLA TIRUPATI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Seeking quashment of F.I.R.No.33 of 2019 on the file of Marripadu Police Station, SPSR Nellore District, registered against the petitioners for the offences punishable under Sections 188, 272, 273 r/w 34 IPC, the present Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1972.

(2.) Counsel for the petitioners has placed reliance on the common order, dated 18.12.2019, passed by a coordinate Bench of this Court in Criminal Petition Nos.5421 of 2019 and batch, holding that "tobacco" does not fall within the definition of "food", as specified under Section 3(i)(j) of the Act, therefore, registration of FIR is not permissible. Reliance has also been placed on the common order, dated 05.03.2020, passed by another coordinate Bench of this Court in Criminal Petition Nos.5103 of 2019 and batch, quashing the FIRs., therein. In view of the aforesaid, it is urged that FIR may be quashed.

(3.) On the other hand, though the Public Prosecutor opposed the relief prayed for, but, he is not in a position to dispute the fact that various petitions filed before this Court under Section 482 Cr.P.C. have been allowed and FIRs., have been quashed on the basis of the analogy has put forth by the petitioners before this Court.