Md Abrar v. The State Of Telangana

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IMONDAY, THE TWELFTH DAY OF JULY TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE SRI JUSTICE K,LAKSHMAN CRIM| NAL PETITION NO: 5249 OF 2021 Between:

Md Abrar, S/o.Gulam Abbas, Aged about 31 years, Occ Business, Rl/o, H. No. 7-7-6612, Vidya Nagar, Adilabad Urban, Adilabad District, Telangana -504001 ...PETITIONER/ACCUSED AND

1. The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad.

2. K. Vishnu Prakash, Sub-lnspector of Police, P.S. Adilabad ll Town, Adilabad District ...RESPONDENT/DEFACTO 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 Petitioner/Accused in FIR No.100 of 2021 daled 0510712021 on the file of Adilabad Il Town Police Station, Adilabad District, in the interest of justice .

l.A. NO: 2 OF 2021 Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the lMemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including arrest of the Petitioner/Accused in FIR No.100 of 2021 dated 05-07-2021 on the file of Adilabad ll Town Police Station, Adilabad District, pending disposal of the above Criminal Petition, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SHAIK KARIMULLA, Advocate for the Petitioner and of the Public Prosecutor on behalf of the Respondent No.1 .

The Court made the following: ORDER

THE HONOURABLE SRI JUSTICE K' LAI(SHMAN CRIMINALPETITION No.52 490F 2O2L ORDER:

This petition is Iiled under Section 482 of the Code of Crimina-l Procedure, 1973 to quash the proceedings in Crime No.l0O of 2O2l pending on the file of Adilabad II Town Police Station, Adilabad District' The petitioner herein is sole accused in the said crime' The offences alleged against him are under Sections 42O, 328,27O,273 read with 511 of IPC' Heard Mr.Shaik Karimulla, learned counsel for the petitioner and the learned Assistant Rrblic Prosecutor appearing on behalf of respondent - State'

3. This Court, by Common Order dt'05'07'2021 in Crl.P.No. 152 of 2o2o &" Batch, has extensively dealt with the issue 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 !

I Sections - 269,27O,27 1,272' 273' 328' 336 and 42O of IPC are attracted to the petitioners therein'

In the present case also, the allegations against the petitioner are that he is seliing prohibited tobacco products and the contents of the complaint do not attract the ingredients of offences under Sections 42O, 328, 27O,273 read with 511 of IPC and, therefore, the proceedings against the petitioner in the above crime are liable to be quashed.

5. The present Criminal Petition is accordingly allowed in terms of the Common Order dt.05.07.202 1 in Crl.P.No.152 of 2O2O &, Batch, quashing the proceedings in Crime No.100 of 2O2l pending on the file of Adilabad II Town Police Station, Adilabad District, against the petitioner - sole accused. 6.

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

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

SdIN.CHANDRASEKHAR RAO ASSISTANT REGISTRAR //TRUE COPY/'

N'

SECTION OFFICER il .

To

1. The Station House Officer ll Town Police Statio-n' Adilabad' i. i;; eC; to ir,u FruriC FioJecutor, High Court for the State of Telangana' Hvderabad (OUT)

3. ij;;-aC i; Srl sn'a it< Karimullah, Advocate (oPUc)

4. Two CD CoPies

5. One SPare CoPY Kj.

*_..-

HIGH COURT DNIED:1210712021 1 gE SrA l4:

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ORDER

CRLP.No.5249 ol 202'l ALLOWING THE CRL.P.

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