APHC010473002024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 7561/2024 Between: Katari Yedukondalu and Others ...PETITIONER/ACCUSED(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT/COMPLAINANT(S) Counsel for the Petitioner/accused(S): 1. B PARAMESEWARA RAO Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following Order: The instant petition under Section 482 of the Code of Criminal Procedure, 1973 (in short “Cr.P.C.”) has been filed, by the Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings against them in C.C.No.1230 of 2019 on the file of the Court of Additional Junior Civil Judge, Mangalagiri, Guntur District registered for the offence under Sections 272, 273, 284, 188 of the Indian Penal Code, Sections 58 and 63 of the Food Safety and Standards Act, 2006. 2 2. Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor for the State. 3. It is submitted by the learned counsel for the petitioners and acceded to, by the learned Assistant Public Prosecutor that the subject matter of this Criminal Petition is squarely covered by the common order passed by this Court in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, wherein this Court held as follows. “But as far as the present cases are concerned, this Court by exercising the power under section 482 Cr.P.C and following the mandate of the Hon’ble Supreme Court of India in State of Haryana v. Bhajan lal and the judgment of the High Court of Allahabad in M/s.Pepsico India Holdings(Pvt) Ltd., and Another (4 supra), is constrained to hold that all the FIRs/cases that have been registered under the provisions of the IPC, FSS Act and the COTPA Act are quashed, leaving it open to them, if they so desire to pursue the prosecution in respect of the offences under the other enactments, if any. The offences under the NDPS Act can be pursued. The offences under the COTPA Act, can only be launched if the police find that the sections 5, 6 7 and 10 are not complied with. Except on these very limited grounds genuine/legitimate traders cannot be prosecuted. It is hoped that copies of the orders passed by the learned single Judge in Crl.P.No.3731 of 2018 and batch and this order are widely circulated by the Director General of Police and the Chief Secretary of the State of Andhra 3 Pradesh throughout the state of Andhra Pradesh so that the time and effort of the police are devoted to more serious crimes. Whatever be the impact of tobacco products on the health of an individual or the nation; till the law is amended/modified it has to be followed. As held by many Courts earlier; it may be hard, but it is the law. With the above observations, the criminal petitions are allowed.” 4. Hence, following the said Orders passed by this Court in Criminal Petition Nos.5421 of 2019 and batch, dated 18.12.2019, and taking into consideration of the facts and circumstances of the case, this criminal petition is allowed by quashing the proceedings against the Petitioners/Accused Nos.1 and 2 in C.C.No.1230 of 2019 on the file of the Court of Additional Junior Civil Judge, Mangalagiri for the offences under Sections 272, 273, 284, 188 of the Indian Penal Code, Sections 58 and 63 of the Food Safety and Standards Act, 2006. As a sequel, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE HARINATH.N 01.04.2025 PNS