Syed Khadar And Another v. The State Of Telangana

HON'BLE JUSTICE G. SRI DEVI CRIMINAL PETITION No.827 of 2020 ORDER :

This Criminal Petition is filed under Section 482 Cr.P.C. seeking a direction to the respondent to release the stocks seized in Cr.No.242 of 2019 on the file of the SHO, Miryalaguda II Town P.S. Nalgonda District, registered against the petitioners-accused for the offences punishable under Sections 273 and 420 IPC and 20 (2) of the Cigarettes and other Tobacco Products Act, 2003 (for short 'the Act').

2.

Learned counsel for the petitioners submits that in similar circumstances, this Court vide order, dated 27.08.2018 in Crl.P.No.3731 of 2018 and batch quashed the proceedings against the petitioners therein for the offences punishable under Sections 272, 273 and 188 IPC while permitting to proceed with for the offence punishable under the provisions of COTP Act. Learned Additional Public Prosecutor does not dispute the same.

3.

Following the said order and the reasons stated therein, this Criminal Petition is allowed in part quashing the proceedings in Cr.No.242 of 2019 of Miryalaguda II Town Police Station, Nalgonda District, against the petitioners-accused for the offences punishable under Sections 273 and 420 IPC only. However, further proceedings shall go on in respect of the offence punishable

under Section 20 (2) of the Act. Miscellaneous petitions, if any pending shall stand closed.

______________________ JUSTICE G.SRI DEVI DATED: 05.02.2020.

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