Shaik Mubin v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD FRIDAY, THE TWELFTH DAY OF NOVEIVBER TWO THOUSAND AND TWENTY ONE PRESENT THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER CRIMINAL PETITION NO: 8233 OF 2021 Between:

1. Shaik Mubin, S/o Shaik Babu, Aged about 30 Years, Occ Business, Fl/o Dharmabad Village and Mandal, Nandeed District.

2. Sohel Khan, S/o Ayyub Khan, Aged about 23 Years, Occ Business, R/o Pinjari Gutta, Nirmal Town, Nirmal District.

3. Shaik Shafeeq, S/o Shaik Ahmed, Aged about 39 Years, Occ Business, Rl/o H.No. 5-11-12811 , Pinjari Gutta, Nirmal Town, Nirmal District. ...PETITIONERS/ACCUSED Nos. 1 to 3 AND The State of Telangana, through S.H.O. Nirmal (T) Police Station, Nirmal District, represented by Public Prosecutor, High Court at Hyderabad. ...RESPONDENT/COMPLAINANT 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 call for the records relating to case in Crime No.432 of 2021 on the file of P.S. Nirmal (T), Nirmal District and quash the proceedings in the above Crime No.432 of 2021.

l.A. NO: 2 OF 2021 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 direct the police to return the seized material in Crime No. 432 of 2021 ol Nirmal (T) Police Station, Nirmal District to the petitioner. 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 Petitioners and the Assistant Public Prosecutor (TG) on behalf of the sole Respondent.

The Court made the following: ORDER

( THE HON.BLE DT. JUSTICE SHAMEEM AKTHER ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal procedure, 1973, ts filed by the petitioners/A1 to A3, seeking to quash the proceedings in Crime No'432 of 2O2l of Nirmal(T) Police Station' Nirmal District, registered for the offences punishable under Sections 270 and 273 of IPC and Section 20(2) of Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act' 2003 (for short' 'COTP Act').

2.

Heard the learned counsel for the petitioners/Al to 43' the learned Assistant Public Prosecutor representing the respondent-State and Perused the record'

3.

Learned counsel for the petitioners/A1 to A3 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 crime were quashed by this Court, vlde common order, dated 27'08'20t8' passed in Criminal petition No.3731 of 2018 and batch. The allegations in the subject crimealsodonotconstitutetheoffencesunderSections2Toand2T3of IPC and Section 2O(2) of COTP Act and ultimately' prayed to allow the Criminal Petition, as PraYed for.

4. The learned Assistant Public Prosecutor has conceded that the I I allegationsinthesubjectFlRdonotconstituteoffenceunderSections 2Toand2T3oflPC,butcontendedthatsincetheoffenceunderSection

I 20(2) of COTP Act is cognizable, the proceedings against the petitioners/A1 to A3 for the said offence cannot be quashed.

5. In view of the above submissions and the material placed on record, the allegations made against the petltioners/A1 to A3 in the subject Crime No.432 of 202L of Nirmal(T) Police Station, Nirmal District, do not constitute the offences under Sections 270 and 273 of IPC. Further, the material seized do not demonstrate that it is dangerous or hazardous to public health. Under these circumstances, when there is no information constituting such cognizable offence, issuance of FIR in respect of such offence is unsustainable. Accordingly, the proceedings against the petitioners/A1 to A3 for the offences under Sections 270 and 273 of lPC, in the subject crime are hereby quashed. 6.

Insofar as the offence under Sectior 20(2) of COTP Act is concerned, the material placed on record prima facie disclose commission of said offence by the petitioners/A1 to 43 and hence, proceedings against the petitioners/A1 to 43 in relation to the said offence, cannot be quashed. The investigating authority has to investigate into the said offence in accordance with law and file chargesheet/final report, as the case may be. Accordingly, this Criminal Petition is partly allowed, as indicated a bove.

Miscellaneous petitions, if any, pending in this Criminal Petition, sha ll stand closed, I SO/.B.SATYAVATHI ASSISTANT REGIST //TRUE COPY'

SECTION OFFICER To,

1. The Station House Officer, Nirmal (T) Police Station, Nirmal District' Z. fwo -CC! io tne public Prosecutor,'High Court for the State of Telangana at Hyderabad (ouT).

3. bne CC to Sri Gajanand Chakravarthi Advocate [OPUC]

4. Two CD Copies

5. One Spare Copy pcsd gbr {$.

HIGH COURT DATED: 1211112021 !r..: SiAIE K o 25 Nt)\l?Ert

ORDER

CRL.P.No.8233 of 2021 PARTLY ALLOWING THE CRIMINAL PETITION vt T