Thatipalli Sravan Kumar v. The State Of Telangana
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY ,THE TENTH DAY OF NOVEIVIBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DR. JUSTICE SHAMEEM AKTHER CRIMINAL PETITI ON NO: 8106 OF 20 2',!
Between:
1. Thatioalli Sravan Kumar, S/o T Veeranna Age. 33 years, Occ. Business and Own6r of articles and B Bearing No. AP20R2671 R/o 106' 5th Block, Rajiv Gruha Apartments, Gollagudem, Khammam
2. Aswa Pavan, S/o A Megharaju Age.25 years, Occ. Business Rio. H.No' 7-3-54' Medara Basthi, Kothagudem, Khammam ,{ ...PETITIONERS/ACCUSED Nos'1 & 2 AND
1. The State of Telangana, Rep by its Public Prosecutor, High Court Buildings' Hyderabad .
2. f . Bala Rama Raju, S/o Late T Ramaraju Age. 54 years, Occ. Head Constable Rio. Police Statioh Kothagudem 1 town, Bhadadri Kothagudem. ...RESPONDENTS/COMPLAINANTS Petition under Section 482 ol cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased toTo call for the records relating to proceedings cc no.2025 ol 2021 on the file of I Additional Judicial Magistrate of First Class At Kothagudem for the offences under Section 270,273 of lPClnd quash the same so far as the Petitioners are concerned as illegal and to pass l.A. NO: 2OF 2021 Petition under section 482 ol cr.P.c praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition,the High cou( may be pleased To direct the respondbnt to release the seized property i.e. bearing No. AP 20R267 Bike seized and articles worth Rs 61801 in cc no.2025 0f 2021 0n the file of I Additional Judicial Magistrate of First Class At Kothagudem for the offences under Section 270,273 of lPC.
This Petition coming on for hearing,upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri N.AARTI' Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No. and of Sri-Advocate for the Respondent Nos'1 & 2' The Court made the following: ORDER
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THE HON'BLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITIO NO.8106 0F 2021
ORDER
This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioners/A.1 and A.2, seeking to quash the proceedings against them in C.C.No.2025 of 2027 on the file of the I Additional Judicial First Class Magistrate at Kothagudem, wherein cognizance was taken for the offences punishable unde. Sections 270 and 273 of IPC. 2.
Heard the learned counsel for petitioners/A.1 and A.2, the learned Assistant Public Prosecutor representing the respondent No.1-State and perused the record.
3.
Learned counsel For the petitioners/A.1 and 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 Courl, vide common order, dated 27.08.20L8, passed in Criminal Petition No,3731 of 2018 and batch. The allegations in the subject C.C. 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 petitioners/A.1 and A.2.
5.
In view oF the above submissions and the material placed on record, the allegations made against the petitioners/A.1 and A.2 in t
the subject C.C.No.2025 of 2027 on the file of the I Additional Judicial First Class Magistrate at Kothagudem, do not constitute the offences under Sections 270 and 273 of IPC. As seen from the material placed on record, there is no FSL or expert report to the effect that the substance seized is dangerous/hazardous to public health. Under these circumstances, continuation of proceedings against the petitioners/A.1 and A.2 for the offences under Sections 270 and 273 of IPC is nothing but abuse of process of law. Therefore, the proceedings against the petitioners/A.1 and A.2 for the offences under Sections 270 and 273 of IPC, in the subject C.C. are hereby q0ashed.
6. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioners/A.1 and A.2 in C.C.No.2025 of 2Q2l on the file oF the I Additional Judicial First Class Magistrate at Kothagudenr, are hereby quashed.
7.
Since the proceedings in the subject C.C. are quashed, the owner of the seized property is entitled for return of the seized property in accordance with law.
Miscellaneous petitions, iF any, pending in this Criminal Petition, shall stand closed.
SD/.K.AMMAJI ASSISTANT REGISTRAR 'l tt\,r/ //TRUE COPY// SECTION OFFICER To,
1. The I Additional Judicial lvlagistrate of First Class at Kothadugem'Khammam'
2. The Station House Officer,Kothaduem 1 Town P'S''Bhadradri Kothagudem' ^t)- ' -
3. 2 CCS to The Public Prosecutor for the State of Telangana, High Court at Hyderabad (OUT)
4. One CC to SRl. N.AARTHI Advocate [OPUC] :,'
5. Two CD CoPies
6. One Spare CoPY TR { tlr
HIGH COURT DATED:1011'll2tJ21
ORDER
\ 1 e SIAI€ ( CRLP.No.8106 of 2021 i.
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Allowing the Criminal Petition.
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