M. LAKSHMAN Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings in Crime No.624 of 2020 of Chandanagar Police Station, Cyberabad Commissionerate against the petitioner. The petitioner is accused No.2 in the above said crime. The offences alleged against him are under Sections - 188 and 273 of IPC and Section 20 (2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COTP Act').

(2.) Heard Sri Srinivas Reddy Balakisti, learned counsel for the petitioner, and learned Public Prosecutor. Perused the entire material available on record.

(3.) The learned counsel for the petitioner would submit that the Inspector of Police is not having authority to lodge the present complaint, and the Chandanagar Police Station, is not having power to register a case in Crime No.624 of 2020 for the offences under Sections - 188 and 273 of IPC and Section - 20 (2) of the COTP Act. He would further submit that the allegations levelled against the petitioner do not attract the ingredients contained in the aforesaid offences and, therefore, the proceedings against the accused are liable to be quashed. In support of the same, he has placed reliance on the judgment in Chidurala Shyamsubder v. State of Telangana (Crl.P. No.3731 of 2018 and batch, decided on 27.08.2018) rendered by the High Court of Judicature at Hyderabad for the States of Telangana and Andhra Pradesh. Whereas, the learned Public Prosecutor would submit that the allegations levelled against the petitioner satisfy the ingredients of the aforesaid provisions of law and, therefore, sought to dismiss the present petition.