Nidhir Mandal v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITION NO: 4898 OF 2021 Betwee n:

Nidhir Mandal, S/o.Rathan Mandal, Aged about 36 years, Occ. Business, R/o,Villa No.1, Nazrulnagar, Kaghaznagar, Komaram Bheem,Asifabad District. AND ...PET|T|ONERyACCUSED The State of Telangana, rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad through S.H.O. Easgoan Police Station, Komaram Bheem Asifabad District.

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 proceeding against the petitio ner/accused in Crime.No. 41 ol 2021 on the file of P.S. Easgoan, Komaram Bheem Asifabad District, and consequently direct the police to return the seized material in Crime.No. 41 of 2021 of Easgoan Police Station, Komaram Bheem Asifabad District , l.A. NO: 1 OF 2021 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 dispense with filling of the certified copy of the Crime No. 41 of 2021 on the file of Easgoan Police Station, Komaram Bheem,Asifabad District l.A.

NO: 2 OF 2021 Petition under Section 482 o'f 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 police to return the seized material in Crime.No. 41 of 2021 of Easgoan Police Station, Komaram Bheem Asifabad District to the petitioner. 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 of the Public Prosecutor on behalf of the Respondent/ Complainant .

The Court made the following: ORDER

HON'BLE SRIJUSTICE K. LAKSHMAN CRIMINAL PETITION No.4898 OF 2021 ORDER:

This petition is filed under Section - 482 of the Code of Criminal Procedure, 1973 to quash the proceedings in Crime No.41 of 2021 pending on the file of Easgoan Police Station, Komaram Bheem Asifabad District. The petitioner herein is sole accused in the said crime. The offences alleged against him are under Sections - 270 and 273 of lPC.

2. Heard Mr.Gajanand Chakravarthi, leamed counsel for the petitioner and the learned Assistant Public Prosecutor appearing on behalf of respondent - State.

3. This Court, by common order dated 05.07.2021 in Crl.P. i No.152 of 2020 and batch, has extensively dealt with the issue t covered in the present criminal petition observing that transportation, possession, storage, sale and purchase of tobacco products are not totally banned in the State of Telangana and, therefore, it cannot be said that offences under Sections - 269,270,271,272 and 273,328, 336 and 420 of IPC are attracted to the petitioners therein. In the present case also, the allegations against the petitioner are that he is in possession of prohibited tobacco products and the contents of the complaint do not attract the ingredients of offences under Sections -

270 and 273 of IPC and, therefore, the proceedings against the petitioner in the above crime are liable to be quashed.

4. The present Criminal Petition is accordingly allowed quashing the proceedings in Crime No.41 of 2021 pending on the file of Easgoan Police Station, Komaram Bheem Asifabad District, against the petitioner - sole accused.

5. Since the proceedings are quashed against the petitioner in the above crime, the Station House Officer, Easgoan Police Station, is hereby directed to return the seized propefty to the petitioner on proper identification and verification of ownership under due acknowledgment.

As a sequel, miscellaneous petitions, if any, pending in the criminal petition shall stand closed.

Sd/-K.ONESIIV ASSISTANT REGISTRAR ,TRUE COPY// hr-"

SECTION OFFICER To

1. The Judicial First Class Magistrate, Sirpur, Komrambheem Asifabad District.

2. The Station House Officer, Police Station, Easgoan, Komrambheem Asifabad District. (Crime No.41 121)

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

4. One CC to Sri Gajanand Chakravarthi, Advocate (OPUC)

5. Two CD Copies

6. One Spare Copy Kj.

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HIGH COURT DATED:05/07/2021 l $E SI^rG Joo 22 Ju[2$21 t, {i

ORDER

CRLP.No.4898 of 2021 I * :Q f oEspatc$ NLLo}JING oF THE CRL.P.

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