ELURI SUBBA RAO Vs. STATE OF AP

JUDGEMENT

(1.) This criminal petition is filed under Section 482 of the Code of Criminal Procedure R/w Section 451 of the Code of Criminal Procedure Code seeking an order to quash the impugned order dated 11-03-2020 in Crl.M.P.No.3 of 2020 in Crime No.149 of 2018 on the file of the Court of Additional Junior Civil Judge, Narsipatnam, Visakhapatnam in C.C.No.868 of 2019.

(2.) Heard Sri R. Siva Sai Swarup, learned counsel for the petitioners and the learned Public Prosecutor appearing for the respondent-State.

(3.) Learned counsel for the petitioners submits that the crime in FIR No.149 of 2018 was registered by the Station House Officer, Narsipatnam Town Police Station for the offences punishable under Section 273 of Indian Penal Code, 1860 and under Section 22 R/w 5(1) of Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act (for short "the Act") and arrested the petitioners, who are the accused Nos.1 and 2 in the said case and seized 104 bags of Raja Khaini, Meeraj Khaini and Deluxe bags under cover of a report dated 29-09-2018. During the FIR stage, the 2nd petitioner/A.2 herein filed Criminal Petition No.404 of 2018 to quash the FIR and this Court by its order dated 31-01-2019 quashed the FIR against him. Subsequently, the police filed a charge sheet which was numbered as C.C.No.868 of 2019 and the same was quashed by this Court by its order dated 13-12-2019 in Criminal Petition No.6255 of 2019.