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High Court for State of TelanganaCRLP/7430/2021allowed no costs

Sunil Sharma v. The State Of Telanangana

2021-10-18Shameem Akther2 pages

THE HON'BLE Dr. JUSTICE SHAMEEM AKTHER Criminal Petition No.7430 of 2021 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C), is filed by the petitioner/A.2 seeking to quash the proceedings against him in Crime No.248 of 2021 of Mancherial Police Station, Mancherial, registered for the offences punishable under Sections 270 and 273 IPC. 2.

Heard the learned counsel for petitioner/A.2, the learned Assistant Public Prosecutor representing the respondent/State and perused the record.

3.

Learned counsel for the petitioner/A.2 would submit that the facts and circumstances of the case on hand are akin to the facts and circumstances of the case in Crime No.34 of 2018 of Manakondur Police Station, and the proceedings in the said case were quashed by this Court, vide common order, dated 27.08.2018, passed in Criminal Petition No.3731 of 2018 and batch. The allegations in the subject crime also do not constitute the offences under Sections 270 and 273 of IPC 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 petitioner/A.2. 5.

In view of the above submissions and the material placed on record, the allegations made against the petitioner/A.2 in the subject Crime No.248 of 2021 of Mancherial Police Station, Mancherial, do not constitute the offences under Sections 270 and

273 of IPC. Therefore, when there is no information constituting such cognizable offences, issuance of FIR in respect of such offences is unsustainable and the proceedings against the petitioner/A.2 in the subject crime are liable to be quashed.

6.

Accordingly, this Criminal Petition is allowed and the proceedings in Crime No.248 of 2021 of Mancherial Police Station, Mancherial, against the petitioner/A.2 for the offences under Sections 270 and 273 of IPC, are hereby quashed. Miscellaneous petitions, if any, pending in this Criminal Petition, shall stand closed.

____________________ Dr. SHAMEEM AKTHER, J Date: 18.10.2021 Bvv/scs