Rathod Ajay Kumar v. The State Of Telangana

132s41

IN THE H]GH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD TUESDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SMT JUSTICE G.ANUPAMA CHAKRAVARTHY CRIMINAL PETITION NO: 7103 OF 2023 Between:

1. Rathod Ajay Kumar, S/o Thukaram, Occ. Business, R/o Ponkal Village, Jannaram lVandal, Mancherial District.

2. Sambari Pavan Kumar, S/o Sambari Sankaraiah, Occ. Business, R/o H.No. 53/1 , Kishtapur, Jannaram, Adilabad District.

...Petitioner/Accused Nos.1 &2.

AND The State of Telangana, through S.H.O. Raikal Police Station, Jagitial District, rep. by Public Prosecutor, High Court, Hyderabad. ...RespondenUcomplainant Petition under Secti on 482 of Cr.P.C praying that in the circumstances stated in the [Vlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceeding against the petitioners/accused in Crime. No. 166 of 2022 on the file of Raikal Police Station, Jagitial District, and consequently direct the police to return the sized material in Crime.No.166 of 2022. l.A. NO: 2OF 2023 Petition under Secti on 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 police to return the seized material in Crime. No. 166 of 2022 on the file of Raikal Police Station, Jagitial District to the petitioner, 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 GAJANAND CHAKRAVARTHI, Advocate for the Petitioner, Public Prosecutor, on behalf of the Respondent The Court made the following:

HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY cRIMINAL PETITION No.7IO3 OF 2o23 ORDER:

This Criminal Petition is filed by accused Nos.l and 2 under Section 482 of Code of the Criminal Procedure, 1.973, to quash the proceedings in Crime No.166 of 2022, on the file of the Raikal Police Station, Jagitial District; registered for the offence under Sections 188, 27O and 273 of IPC and direct the police to return the seized material. 2.

The nature of allegations in these offences related to selling/ illegal possession of state government prohibited tobacco products.

3.

Heard learned counsel for the petitioners and learned Public Prosecutor appearing for the respondent-State and perused the record 4.

Perusal of the record would reveal that the lis involved in this batch of cases had already been dealt with by this Court extensively in Mohd. Jameel Ahmed Vs. State of Telanganar. This Court in the said judgment by relying on the various ' 2ozz crl.L.J.642

?*ffi ;.f ) decisions of the Supreme Court explained and interpreted the relevant provisions with which the petitioners herein stood charged. Following the said judgment, this tlourt had also disposed of similar matters vide common order dated 10.06.2022 in Crl.P.No.5679 of 2O2O and batch. Thus, nothing remains lurther to be discusscd in this case. 5.

In view of the same , the proceedings against the petitioners in Crime No.166 of 2022 registered for the offence under Sections 1 88, 27 O and 27 3 of IPC are liable to be quashed, 6.

Accordingly, the Criminal Petition is disposed of and the proceedings against the petitioners/ accused Nos. I and 2 in Crime No.166 of 2022, on the file of the Raikal Police Station, .-Iagitial District, registered for the offences under Sections 188, 27O and 273 of IPC, are hereby quashed. 7.

As the proceedings in the aforesaid criminal petition are quashed against the petitioners, the respective Station House Officer/ Investigating Officer is directed to return the seized property on proper identification and verification under due acknowledgment. Further, 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.

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

SD/. A.V.S.PRASAD ASSISTANT REGISTRAR //TRUE COPY// SECTION OFF!CER To,

1. The First Additional Judicial lVagistrate of First Class at Jagital.

2. fhe Station House Officer (S.H.O), Police Station Raikal, Jagital District.

3. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, Hyderabad. [OUT]

4. One CC to STiGAJANAND CHAKRAVARTHI, Advocate [OPUC]

5. Two CD Copies SP BSR

HIGH COURT DATED: 0110812023 '/,,, I t [ti ?$s

ORDER

ttCRLP.No.7103 of 2023 CRIMINAL PETITION IS DISPOSED OF q w