M. Laxman v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY ,THE TWENTY EIGHTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 2041 OF 2023 ALONG WITH |.A.NO.3 0F 2023 Between:
M. Laxman, S/o, M. Eshwaraiah, Aged about 48 years, Occ. Business, Fl/o H.No.2-1474, Papi Reddy Colony,1474, Chendanagar, Ranga Reddy, 500019.
PETITIONER AND The State of Telangana, Rep by the Public Prosecutor, Through P.S Chandanagar ..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 quash the proceedings against the Petitioners in C.C. No 689112022 on the file of lX Addl. Metropolitan Magistrate, Cyberabad, at Kukatpally, previously on the file of X Addl. Metropolitan Magistrate Cyberabad, at Kukatpally for the alleged offences 273, 1BB. 420 IPC and sec 20(2) COTPA Act l.A. NO: 3 OF 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 respondent to return the property seized from the Petitioner in connection with C.C.
No.6891 of 2022 on the file of lX Addl. Metropolitan Magistrate, Cyberabad. at Kukatpally, prevrously on the file of X Addl Metropolitan Magistrate Cyberabad. at Kukatpally, forwith immediately pending disposal of the Crl.P.
l.A. NO: 2 OF 2023 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including appearance of the Petitioners in C.C. No.6B91l2O22 on the file of lX Addl. Metropolitan Magistrate, Cyberabad, at Kukatpally, previously on the file of X Addl IVletropolitan Magistrate Cyberabad, at Kukatpally, pending disposal of the Crl.P. in the interest of justice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SRINIVAS REDDY BALAKISTI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following: ORDER
Crl.Petition No.2041 of 2023 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.2041 OF 2023 ALONG WITH I.A.No.3 of 2023 COMMON ORDER:
This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), is filed by the petitioner to quash the proceedings in C.C.No.689l of 2022 pending on the file of IX Additional Metropolitan Magistrate, Cyberabad at Kukatpally.
2.
The petitioner herein is accused No.2 in the said case. The offences alleged against him are under Sections lBB, 273 and 420 of Indian Penal Code (for short "IPC") and Sec.20(2) of COTPA Act, 2003.
3.
Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent. Perused the record. 4.
Perusal of the record would reveal that the /s involved in this case had already been dealt with by this Court extensively vide
Crl.Petition No.2041 of 2023 common order dated 05.07.2021 in Criminal Petition No.152 of 2020 and batch which was reported in Mohd. Jameel Ahmed v, State of Telanganal .
5. Therefore, this Criminal Petition is allowed quashing the proceedings against the petitioner in C.C.No.3774 of 2022 pending on the file of Vi Additional Chief Metropolitan Magistrate, Hyderabad, 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 petitioner is 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.
I 2022 crit-J 6q2
Crl-Petition No.2041 of 2023
7. The copy of the common order passed by this Court in Criminal Petition No.152 of 2020 and batch on 05.07.2021, shall form part of this order.
Miscellaneous applications pending, if any, shall stand closed. Sd/-N.CHANDRA SEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. The lX Additional Metropolitan Magistrate, Cyberabad at Kukatpally
2. The X Additional Metropolitan Magistrate, Cyberabad
3. The Station House Officer, Chandanagar Police Station, Cyberabad
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]
5. One CC to SRl. SRINIVAS REDDY BALAKISTI, Advocate [OPUC]
6. Two CD Copies vlt \.V
HIGH COURT DATED: 2810212023 € T t1 Vi (.:d zs ilnfl2tt3 COMMON ORDER CRLP.No.2041 of 2023 ALONG WITH |.A.NO. 3 0F 2023 ALLOWING THE CRIMINAL PETITION rC) 1)