KOLIPAKULA VENKATA SUDHAKAR Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings in F.I.R.No.252 of 2020 of Tenali I Town Police Station, Guntur District registered for the offences punishable under Sections 420, 188, 272 and 273 of the Indian Penal Code, 1860 (for short "I.P.C.") and Sections 56, 57(1) and 63 of the Food Safety and Standards Act, 2006 (for short 'FSS Act').

(2.) Heard Sri D.Kasi Rao, learned counsel for the petitioner and learned Public Prosecutor for the respondent-state.

(3.) Learned counsel for the petitioner submits that none of the Sections under which the present crime is registered is applicable to the present case as sales of khaini gutka and tobacco will not constitute the offences as alleged. Learned Counsel for the petitioner has placed reliance on the common order dated 27.08.2018 passed by a coordinate Bench of this Court in Criminal Petition Nos.3731 of 2018 and batch, wherein this Court has quashed FIRs therein holding that Police cannot take cognizance of the offence, to investigate into and to file charge sheet against the accused for the offences punishable under the provisions of FSS Act as they are not empowered to launch the prosecution under the FSS Act, but only Food Safety Officer appointed by the Government alone is competent to launch prosecution for those two offences.