Gunda Sudhakar v. The State Of Telangana,

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD WEDNESDAY ,THE ELEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 359 OF 2023 ALONG WITH I.A.No.2 of 2023 Between:

1. Gunda Sudhakar, s/o Shankaraiah, Aged about 56 Years, Occ. Kirana shop business, Rl/o Dandepalli village and l\ilandal, Mancherial Dist.

2. t\4uthyala Ganganna, s/o Lingaiah, aged about 45 years, Aged about 45 years, occ. Business, r/o Madaripet village of Dandepally Mandal, District Il4ancherial.

3. Ganmde Santhosh, s/o Kanthaiah, aged about 33 years, Occ. Kirana shop business, r/o Medaripet village of Dandepalli Mandal, Dist Mancherial.

4. Edla Rajanna, s/o Mallaiah, aged about 43 years, Occ. Business, r/o Kondapur village, Dandepalli Mandal, Mancherial District. ...PETITIONERYACCUSED 1 to 4 AND The State of Telangana,, through S.H.O. Police Station Dandepalli, rep. by Public Prosecutor, High Court, Hyderabad.

...RESPONDENT/COMPLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to case in C.C.NO. 187 ol 2021 on th,e file of Judicial First-Class Magistrate At Luxettipet, and quash the-proceedings in the above C.C.No. 187 ol 2021 .

l.A. NO: 2OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to direct the court below to return the seized material in C.C.NO. 187 of 2021 on the file of Court of Judicial First-Class Magistrate At Luxettipet, pending disposal of the Criminal Petition.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GAJANAND CHAKRAVARTHI ,Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondent No. 1The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITI N No.359 OF 2023 ALONG WITH I.A.NO.2 OF 2023 COMMON ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short lCr.P.C.'), is filed by the petitioners to quash the proceedings against them in C.C.No.187 of 2021, pending on the file of -ludicial First Class Magistrate at Luxettipet.

2.

The petitioners herein are the accused Nos.1 to 4 in the said cnme.

The offences alleged against them are under Sections 270 and273 of Indian Penal Code (for short "IPCJ. 3.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent. Perused the record. 4.

Perusal of the record would reveal that the lis involved in this case had already been dealt with by this Court extensively vide common order dated 05.07.2021 in Crt.P. No.152 of 2020 and batch which was reported tn Mohd. JamFel Ahmed v. State of

Telanganal and also vlde common order dated 10.06.2022 in Crl.P.No.5619 of 2020 and batch.

5. Therefore, this Criminal Petition is allowed quashing the proceedings in C.C.No.1B7 of 202L, pending on the file of Judicial First CIass Magistrate at Luxettipet, in terms of the common order, dated 05.07.2021 passed by this Court in Mohd. Jameel Ahmed (Supra).

6.

Since the charge sheet is already filed, the petitioners are at liberty to file an appropriate application before the concerned Magistrate for return of the seized property/vehicle and the Magistrate shall consider the same in accordance with law. However, it is made clear that if the seized stock of tobacco products or other products are expired, the same shall be destroyed by taking permission from the concerned Magistrate.

7.

The copy of the common orders passed by this Court in Criminal Petition No.152 of 2020 and batch on 05.07.2021, shall form part of this order and also vide common order dated 10.06.2022 in Crl.P.No.5619 of 2020 and batch. t2o22cnu6+2.

_._ As a sequel thereto, Miscellaneous petitions, if any, pending in the Criminal Petition stand closed.

Sd/. MOHD. SAN ASSIST i/TRUE COPY// AUL GISTRAR ANSARI / SECTION OFFICER To,

1. The Judicial First-Class Magistrate at Luxettipet.

2. The Station House Officer ,Dandepalli Police Station ,Mancherial .

3. Two CCs to Additional Public Prosecutor, High Court for the State of Telangana, at Hyderabad.(OUT)

4. One CC to SRl. GAJANAND CHAKRAVARTHI Advocate [OPUC]

5. Two CD Copies CDL KAM t\'\x

HIGH COURT KS, J DATED: 1110112023 1.

{ .s\ ?+ '\ 2 { t:l '

COMMON ORDER o '-) CRL.P.No.359 of 2023 ALONG WITH I.A.No. 2 OF 2023 '

\ '::iPt:l --i:* - ALLOWING THE CRIMINAL PETITION \3 A^,