Sri Juluri Ganesh vs The State Of Andhra Pradesh
2021 Latest Caselaw 4575 AP

Citation : 2021 Latest Caselaw 4575 AP
Judgement Date : 11 November, 2021

Andhra Pradesh High Court - Amravati

Sri Juluri Ganesh vs The State Of Andhra Pradesh on 11 November, 2021

Bench: D Ramesh

             THE HON'BLE SRI JUSTICE D.RAMESH

            CRIMINAL PETITION NO.6250 OF 2021

ORDER:-

      This Criminal Petition is filed by the petitioner/accused No.2

under Section 482 of the Code of Criminal Procedure, 1973 seeking

to quash the proceedings in P.R.C.No.13 of 2021 on the file of the

II Additional Judicial Magistrate of First Class, Eluru, West Godavari

District. The offences alleged are under Sections 328, 270, 273

read with 34 IPC and Section 22 of Cigarettes and Other Tobacco

Products (Prohibition of Advertisement and Regulation of and

Commerce, Production, Supply and Distribution) Act, 2003 [for

short "COTPA Act, 2003"].


2.    Heard the learned counsel for the petitioner and the learned

Public Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioner submits that this case is

covered by the judgment passed by this Court in Criminal Petition

No.2458 of 2020 with regard to the sections registered under 188,

269, 270, 273 IPC and under section 22 of COPTA Act, as far as

section 51 of the Disaster Management Act,2005 is concerned,

wherein Section 60 of the said Act clearly stipulates that "No Court

shall take cognizance of an offence under this Act except on a

complaint made by -

(a) the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorised in this behalf by that Authority or Government, as the case may be; or

(b) any person who has given notice of not less than thirty days in the manner prescribed, of the alleged offence and his

intention to make a complaint to the National Authority, the State Authority, the Central Government, the State Government, the District Authority or any other authority or officer authorized as aforesaid.

4. In view of the above position, in this case also there is no

complaint lodged by any of the said authorities prescribed as

above, police have directly registered the case. Therefore, the bar

under Section 60 of the Act also applies to the present facts of the

case. If any complaint is made by the competent authority/person

under the said act, prescribed as above, the Court may take

cognizance and proceed accordingly.

5. In view of the above discussion and in view of the judgment

of this Court rendered in Criminal Petition No.2458 of 2020, this

Criminal Petition is allowed and the proceedings against the

petitioner in P.R.C.No.13 of 2021 on the file of the II Additional

Judicial Magistrate of First Class, Eluru, West Godavari District, are