T VENGALA RAO Vs. STATE OF A.P.

JUDGEMENT

(1.) This Criminal Petition is filed under Section 482 of Cr.P.C seeking quash of the F.I.R.No.521 of 2020 registered against them on the file of the Station House Officer, Nagarampalem Police Station for the offences punishable under Sections 188, 328, 273 of IPC and Section 59(1) of the Food Safety and Standards Act, 2006 (for short, 'the FSS Act').

(2.) Heard learned counsel for the petitioners and the learned Additional Public Prosecutor.

(3.) When the matter is taken up for hearing, both the learned counsel for the petitioners and the learned Additional Public Prosecutor would submit that this matter is squarely covered by earlier decisions of this Court, whereunder the accused against whom similar cases were registered on the basis of similar set of facts were quashed by this Court as the prosecution is not maintainable against them under law and also on the ground that Tobacco products would not fall within the definition of 'food' as defined under Section 3(i)(j) of FSS Act and that the police are not authorized to register the crime and investigate the same and to file the charge sheet. Therefore, they would submit that the petitioners herein also who are facing the prosecution on the same set of facts under the same Sections of law are similarly placed and they are also entitled for quash of the proceedings. The petitioners have also produced the earlier orders passed by this Court in Crl.P.No.3731 of 2018 and batch which are disposed of on 27.08.2018 and also the order passed in Crl.P.No.222 of 2020, dated 21.01.2020.