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High Court for State of TelanganaCRLP/5232/2022allowed no costs

Vinod Kumar Vyas v. The State Of Telangana

2022-06-21K.Lakshman5 pages

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

TUESDAY ,THE TWENTY FIRST DAY OF JUNE TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.LAKSHMAN CRIMINAL PETITIoN NO: 5232 OF 2022 Between:

Vinod Kumar Vyas, S/o. Ashok Kumar Vyas, Aged 42 Years, Occ: Business, Rlo.1 4-8-223, Purana pool, Hyderabad.

...PETITIONER/ACCUSED No.2 AND

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

2. P. Babu, Sub lnspector of police, P.S. Chaderghat, Hyderabad. ...RESPONDENT/COMPLAINANTS 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/Accused. No.2 in C.C..No. 2327 of 2022 ot P.S.Chaderghat, Hyderabad pending on the file of the Hon'ble Vlll ACMM, Hyderabad.

l.A. NO: 1 OF 2022 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandunr of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the Petitioners/Accused.No.2 in C.C.no..2327 of 2022 of P.S. Chaderghat, Hyderabad pending on the file of the Hon'ble Vlll ACMM, Hyderabad. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri NANDA KISHORE YADAV ,Advocate for the Petitioner and of the

Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared for R2.

The Court made the following: ORDER

THE HONOURABLE SRI WSTICE K. LAKSHMAN CRIMINAL PETITION No.5232 OF 2o22 ORAL ORDER:

The present Criminal Petition is filed under Section - 482 of the Code of Criminal Procedure, 1973, is filed to quash the proceedings in C.C.No.2327 of 2022 pending on the file of VIII Addl. Chief Metropolitan Magistrate, Hyderabad.

2.

The petitioner herein is accused No.2 in the said C.C. The offences alleged against him are under Sections - 188, 272, 273 and 42O r/w.S11 of the IPC and Sections - 5 and 20(21 of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Suppiy and Distribution) Act, 2003 { (for short 'COTP Act').

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3. Heard Sri Nand Kishore Yadava, learned counsel for the petitioner and learned Assistant Public Prosecutor for the respondents, and perused the record.

4. Perusal of the record would reveal that the lis involved in this case had already been dealt with by this Court extensively in Mohd. Jameel Ahmed v. State of Telanganal and also vide common order dated 1O.06.2022 in Cr1.P.No.5619 of 2O2O and batch.

5. Therefore, the present Criminal Petition is allowed quashing the proceedings in C.C.No.2327 of 2022 pending on the file of VIII Addl. Chief Metropolitan Magistrate, Hyderabad, in terms of the decision in Mohd. Jameel Ahmed (Supral and the Common Order dated 10.06.2022 in Crl.P.No.5619 of 2O2O and batch. Miscellaneous petitions, if any, pending in this criminal petition, shall stand closed.

SD/.T.JAYASREE ASSISTANT ISTRAR //TRUE COPY// SECTIO FFICER \ To,

1. The Vlll Additional Chief Metropolitan Magistrate, Hyderabad' Z. fn" Stution House Officer, Police Station Chaderghat, Hyderabad' a. o.; cc to sRt. NANDA KISHORE YADAV, Advocate loPUCl +. On" CC to SRl. PUBLIC PROSECUTOR, High Court for the State of Telangana at HYderabad.[OUT]

5. Two CD CoPies

6. One Spare CoPY bu "\Y

HIGH COURT DATED:21 10612022 -,1 '

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ORDER

CRLP.No.5232 of 2022 i ALLOWING THE CRIMINAL PETITTON WITHOUT COSTS N\)3 \+