Extracted from the PDF above. The PDF is authoritative.
APHC010101982025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 2320/2025 Between: Meeravali Shaik and Others ...PETITIONER/ACCUSED(S) AND The State Of Ap ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S):
1. RAJA REDDY KONETI Counsel for the Respondent/complainant:
1. PUBLIC PROSECUTOR
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The Court made the following Order:
Heard the learned counsel for the petitioners and the learned Additional Public Prosecutor for the respondent-State.
2. The learned counsel for the petitioners submits that the petitioners are arraigned as accused Nos.1 and 2 in C.C.No.120 of 2019 on the file of Additional Judicial Magistrate of First Class, Addanki.
3. It is alleged that the accused No.1 has purchased the prohibited noxious food items from accused No.2 and that they were selling the same without license to the public.
4. It is submitted that though the petitioners are charged with the offence of purchasing noxious food items and selling them without permission, the police have registered the case and filed charge sheet for the offences under Sections 353, 420, 273, 188 r/w 34 IPC and Sections 58, 59 and 63 of Food Safety and Standards Act, 2006.
5. The learned counsel for the petitioners submits that the police do not have the jurisdiction to register the case under the provisions of Penal Code and that similar matters came up for consideration before this Court in the batch of quash petitions, which were decided by this Court in Criminal Petition No.3731 of 2018 and batch vide order dated 27.08.2018.
6. It is pertinent to note that, in the aforesaid common order dated 27.08.2018, passed by this Court in Criminal Petition No.3731 of 2018 and
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batch, a detailed analysis of the similar issues has been carried out and the proceedings against the petitioners therein were quashed. In view of the same, the proceedings against the present petitioners are also liable to be quashed in terms of the above said common order.
7. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners herein/A1 and A2 in C.C.No.120 of 2019 on the file of Additional Judicial Magistrate of First Class, Addanki is hereby quashed.
As a sequel, Interlocutory Applications pending, if any, shall stand closed.
___________________ JUSTICE HARINATH.N
Date: 06.03.2025 PGT