Borra Satyanarayana vs State Of Andhra Pradesh
2021 Latest Caselaw 4801 AP

Citation : 2021 Latest Caselaw 4801 AP
Judgement Date : 23 November, 2021

Andhra Pradesh High Court - Amravati

Borra Satyanarayana vs State Of Andhra Pradesh on 23 November, 2021

          THE HONOURABLE SRI JUSTICE D.RAMESH

              CRIMINAL PETITION No.6535 of 2021

O R D E R:

This Criminal Petition is filed by the petitioners/A-1 & A-2

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

to quash the proceedings in FIR No.93 of 2021 on the file of the

Garividi Police Station, Vizianagaram District. The offences alleged

are under Sections.188 & 269 of Indian Penal Code, 1860 (for

short, "the Act"), Sections.5(1) r/w 22 of Cigarettes and Other

Tobacco Products (Prohibition of Advertisement and Regulation of

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

(for short "COTP Act" and Section. 51(b) of Disaster Management

Act, 2005.

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

Assistant Public Prosecutor appearing for the respondent-State.

3. Learned counsel for the petitioners 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, 328 IPC and under section 22 of COTP 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 authorised 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

petitioners in Crime No.93 of 2021 on the file of the Garividi Police

Station, Vizianagaram District are hereby quashed.