Md. Shakeer, v. The State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD TUESDAY. THE FOURTEENTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 6976 OF 2021 Between:
1. Md. Shakeer, S/o. Md.Khadir, Age: 22 yrs, Occ. Driver, R/o. H.No.10-5-806/1 ' Kisannagar, Karimnagar, Karimnagar District T.S.
2. Md Sabeer Hussain, S/o.Shabeer Hussain, Age: 31 yrs, Occ: Business, F/o.H.No.6-2-657, Hussainipura, Karimnagar, Karimnagar District T.S
3. Venishetty Raghavendra, S/o.V.Shankaraiah, Age: 34 years, Occ: Business, R/o.H.No.4-502, SairamNagar, Mancherial, Mancherial District, T.S. ...PETITIONER/ACCUSED NO. 1 TO 3 AND
1. The State of Telangana, Rep. by Public Prosecutor, High court of Judicature at Hyderabad
2. The Station House Officer, P.S and Karimnagar-lll Town, Karimnagar District, T.S.
,RESPONDENTS Petition under Section 482 ot 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 all the proceedings against the Petitioners / accused No. 1 and 3 in C.C.No. 1929 ol 2017 on the file of the Learned Additional Judicial First Class Magistrate at Karimnagar, Karimnagar District for the offense U/S.270 and 273 of lPC, arose out F.l.R.No.294 ot 2017, dl20-12-2017, issued by the SHO, lll Town, Karimnagar. LA. NO: 2OF 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 direct the Learned Additional Judicial Magistrate of First Class at Karimnagar to return the seized case property to the petitioners / Accused A-1 to 3 in C.C.No.
1929 of 2017 on the file of the Learned Additional Judicial First Class Magistrate at Karimnagar. Karimnagar District for the offence U/S.270 & 273 of lPC, arose out F.l.R.No.294 oT 2017, dt 20-12-2017 issued by the SHO, lll Town PS Karimnagar pending disposal of the quash petition.
This Petition coming on for hearing, upon perusing the [\,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mr Boggula Raju, Advocate for the Petitioner and the Assistant Public Prosecutor on behalf of the Respondent No.1 and none for the Respondent No.2. The Court made the following: ORDER
THE HON'BLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION No.6976 OF 2021 ORDERI This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A1 to 43 seeking to quash the proceedings against them in C.C.No.1929 of 2Ol7 on the file of the learned Additional Judicial First Class Magistrate at Karimnagar, wherein cognizance was taken for the offences punishable under Sections 270 and 273 of lPC. 2.
Heard the learned counsel for the petitioners/Al to 43, learned Assistant Public Prosecutor appearing for the respondents and perused the record.
3.
The learned counsel for the petitioners/A1 to A3 would submit that facts and circumstances of the case on hand are akin to the facts and circumstances of the cases in Crime No.34 of 2018 of Manakondur Police Station and C.C.No'230 of 2018 on the file of II Additional Judicial Magistrate of First Class, Jagtial, and the proceedings in the said cases were quashed by this Court vide orders, dated 27.08.2018 and 27.01.2021, passed in Criminal Petition No.3731 of 2018 and batch and Criminal t a I Petition No.727L of 2020, respectively. The allegations in the subject case also do not constitute the offences under Sections 270 and 273 of IPC against the petitioners/A.l to 43 and ultimately prayed to allow the Criminal Petition as prayed for.
\ 4.
The learned Assistant Public Prosecutor has fairly conceded the submissions made by the learned counsel for the petitioners/A1 to A3.
5.
In view of the above submissions and the material placed on record, the allegations made against the petitioners/A1 to A3 in the subject case do not constitute the offences under Sections 270 and 273 of IPC and therefore, the proceedings against the petitioners/A1 to 43 in the subject case are liable to be quashed.
6. In the result, this Criminal Petition is allowed and the proceedings in C.C.No.1929 of 2077 on the file of the learned Additional Judicial First Class Magistrate at Karimnagar against the petitioners/Al to A3, are hereby quashed. 7.
Since the proceedings in the subject case are quashed, the petitioners/A1 to A3 are at liberty to file an appropriate application before the learned Additlonal ludicial First Class Magistrate at Karimnagar seeking release of the seized property and the learned lvlagistrate shall consider the same and release the seized property, in accordance with law Miscellaneous Petitions, if any, pending in this Criminal Petition shall stand closed, SD/-I.NAGA LAKHSMI ASSISTANT REGISTRAR (ti'
\ //TRUE COPY// SECTION OFFICER To,
1. The Learned Additional Judicial First Class Magistrate at Karimnagar, Karimnagar District.
2. The Station House Officer, P.S and Karimnagar-lll Town, Karimnagar District, T.S,
3. One CC to Sri Mr Boggula Raju, Advocate [OPUC]
4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT]
5. Two CD Copies
6. One Spare Copy TL gbr eN^rr-
HIGH COURT DATED: 141091202'l iLs i+)€ I ( )- (1'
ORDER
() l) 040CT 2O?I CRLP.No.6976 of 2021 a ALLOWING THE CRIMINAL PETITION w )nl,,l