Pola Laxmi Narsaiah, v. The State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD THURSDAY,THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 11045 OF 2023 Between:

Pola Laxmi Narsaiah,, S/o Musalaiah Aged about 59 years, Occ. Business, R/o H.No.4-1 1-404, Chaithanyapuri Colony, Nalgonda Town, Nalgonda District, Telangana.

...PETITIONER/ACCUSED AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad.

2. The Station House Officer,, Police Station, Nalgonda-1 town Nalgonda District.

...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 tobe pleased to quash the proceedings in CC NO. 680 of 2021 On the file of Hon'ble Judicial First Class Magistrate at Nalgonda in so far as the petitioner/ Accused is concerned.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BALA MURALI Y ,Advocate for the Petitioner and the Public Prosecutor (TG/AP) on behalf of the Respondent No.1 NONE for the Respondent No. 2.

The Court made the following: ORDER

THE HONOURABLE SRT JUSTICE K.SURENDER CRIMINAL PETITION No.11O45 OF 2o23 ) ORDER:

This Criminal Petition under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.J, is filed by the petitioner/Accused to quash the proceedings in C.C.No.68O of 2021 pending on the hle Judicial First Class Magistrate at Nalgonda, registered for the offences under Sections 272, 273 and 188 of the lndian Penal Code and Section 20(21 of th.e Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COTP ActJ.

2.

Heard learned counsel for the , petitioner and learned Additional Public Proseeutor for the respondents. Perused the record.

3.

Perusal of the record would reveal that the lrc involved in this case had already been dealt with by this Court extensively vide common order dated 05.O7.2021 in Crl.P No.152 of 2O2O and batch which was reported in Mohd.

Jameel Ahmed v. State of Telangana t and also vide common order dated |0-06-2022 in Crl'P'No 5619 of 2O2O and batch.

4:

Therefore, this Criminal Petitions is allowed quashing the proceedings in C.C.No.68O of 2O2l pending on the Iile Judicial First Class Magistrate at Nalgonda, in terms of the common order, dated O5-O7.2O2I passed by this Court in Mohd. Jameel Ahmed (Suprat and also common order dated 1O.06.2022 in Crl.P.No'5619 of 2O2O and batch' 5.

As the proceedings in the aforesaid are quashed against the petitioner, the Station House Officer/Investigating Oflicer is hereby directed to return the seized property/vehicle on proper identjfication and verification of ownership under due acknowledgment. In case charge sheet is already filed the petitioner is at liberty to file appropriate application before the concerned Magistrate for return ofthe seized property/vehicle and the Magistrate shal1 consider the same in accordance with law. However, it is made clear that if the seized stock of tobacco products or other products are expired' the same '2oz2crlL!642

l shall be destroyed by taking permission from the concerned Magistrate.

6.

The copy of the common orders passed by this Court in Cil.Petition No. 152 of 2O2O and batch on O5.O7 .2021 and also in Crl.Petition No.56l9 of 2O2O on 10.06.2022, sha_Il form part of this order.

As a sequel thereto, Miscellaneous Petitions, if any, pending in the Criminal Petition stand closed. SD/. K.AMMAJI ASSISTANT REG{STRAR (,/ SEcTIoNVFIcER \ //TRUE COPYII To, 'l . The Judicial First Class Magistrate at Nalgonda.

2. The Station House Officer,, Police Station, Nalgonda-1 town Nalgonda District.

3. One CC to SRl. BALA MURALI Y Advocate [OPUC]

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

5. Two CD Copies.

NS

HIGH COURT DATED:0911112023 T T S e t\ -( <( oo 25 JIN 202[ ?-\ c:l :l

ORDER

ir * CRLP.No.11045 ot 2023 DISPOSING OF THE CR]MINAL PETITION \