Mr. Garikumukkala Abhilash v. The State Of Telangana And Another

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE FIFTH DAY OF JULY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION NO: 5843 OF 2022 Between:

1. Mr. Garikumukkala Abhilash, S/o Anand Kumar Age 23 yrs Occ Student R/o 1-59/3, New Colony, Miyapur, Hyderabad .

2. Mr. Vinod, S/o G. Santosh Kumar, Age 24 yrs Occ Student R/o '1-59/3, New Colony, Miyapur, Hyderabad

3. Mr. Gajula Ramu, S/o Late Balaji, Age 23 yrs Occ Business R/o 1-59/26, New Colony, Miyapur, Hyderabad ...PETtTTONER/ACCUSED(S) AND

1. The State of Telangana and another, Rep by Public Prosecutor, High Court of Telangana, Hyderabad.

2. Through State Police, By B. Srinivas S.l. of Police P.S. Malkajgiri, Rachakonda ...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 of C.C. No. 12BG of 2021, Honble XVll Metropolitan Magistrate, Cyberabad at Malkajgiri, under sections 188, 406, 420 l.P.C AND 51 (B) of DM Act, against the petitioners.

l.A. NO: 1 OF 2022 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 Stay all further proceedings, in C.C. No. 1286 o'f 2021 , Honble XVll Metropolitan Magistrate, Cyberabad at Malkajgiri, under sections 1BB, 406, 420 l.P.C AND 51 (B) of DM Act, including appearance of the petitioner, pending disposal of the criminal petitlon.

l.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri THOMAS LLOYD ,Advocate for the Petitioner and the Assistant Public Prosecutor (TG/AP) on behalf of the Respondent No. '1 & 2.

The Court made the following: ORDER

THE HON'BLE DR. JUSTICE CHILLAKUR SUMALATHA CRIMINAL PETITION No.5843 of 2022 ORDER:

Seeking to quash the proceedings that are pending against the petitioners in C.C.No.1286 of 2021 of the Court of XVII Metropolitan Magistrate, Cyberabad at Malkajgiri, the present criminal petition is filed.

2.

Heard the submission of Sri Thomas who argued on behalf of the petitioners and learned Assistant Public Prosecutor who represented respondent Nos. I and 2. 3.

Gone through the contents of the material available on record. The case of the prosecution is that the petitioners herein who are in arrayed as accused Nos' 1 to 3 were indulged in purchase of injections by name Remdesivir, which are used for treatment of corona virus and were selling the same at higher prices.

4.

Learned counsel for the petitioners submits that the l"t accused i.e., 1"t petitioners herein was in possession of

Dr.CSL, J Crl.P.No.5843 of 2022 only one voile of injection and not 3 voiles as contended by the prosecution and further more the said medicine was purchased for providing treatment to his father who was admitted at hospital and in those circumstances it cannot be held that the possession of drug is unfair and that the petitioners have committed offence.

5.

Per contra, learned Assistant Public Prosecutor states that thr:re is ample material which is collected by the prosecution to show that the petitioners are involved in purchasing and sale of life saving drug at higher price ald, therefore, proceedings against them cannot be quashed. 6.

The fact whether the medicine in question was purchased by lst petitioner i.e., accused No.l for the purpose of providing treatment to his father is the fact to be decided by the concerned Court during the course of trial.

7.

Furthermore though the learned counsel for the petitioners argued that Sections 406 and 42O IPC does not attract to facts of the case, the allegations laid are grave in

., Dr.CSL, J Crl.P.No.5a43 of 2O22 nature. While framing charges, the trial Court would be at liberty to indicate the correct provision of law and frarne the charges. When prima facie material is produced by prosecution and grave allegations are laid in the charge sheet, this Court is of the view that it is not desirable to quash the proceedings at the threshold paving way for the petitioners to get rid of criminal prosecution' Therefore' the present criminal petition lacks merits'

Resultaltly, this criminal petition is dismissed' No costs.

As a sequel, pending Miscellaneous Applications, if any, shall stand closed.

SD/-B.SA}YAVATHI DEPUTYA9STRAR lfrr-,'

//TRUE COPY// SECTION OFFICER To, The XVll Metrolopitan Magistrate, Cyberabad at Malkajgiri, R.R. District The Station House Officer, police Station Malkajgiri, Rachakonda. Two CC to Public prosecutor, High Court for The State of Telangana at Hyderabad. [OUT]

5. Two CD Copies

6. One spare Copy NPJfr One CC to SRt THOMAS LLOYD Advocate tOpUCl

HIGH COI.JRT DATED:0 510712022 '1 g STAI5 C'A 1.

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ORDER

GRLP.No.5843 of 2022 DISMISSINIG THE CRIMINAL PETITION WITHOUT COSTS.