Gopi Satti v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTYTWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:9299 OF 2022 A^t 0 Between:
J6'ruo 3 oF Z.g-L Gopi Satti, S/o. Venkanna, Aged about 24 years, Occ. Driver, Wo.lvlulakalapalli(V), Dornakal(M ) Mahabubabad(D),Telangana ...PETITIONER AND The State of Telangana, Rep by the Public Prosecutor, Through P.S. Kothagudem lll Town, Bhadradri.
...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 quash the proceedings against the Petitioner in Crime No 19612022, on the file of P.S Kothagudem lll Town, Bhadradri for the alleged offenses Uls. 279,336, 270, 273 lPC,6(B) COTPA. l.A NO: 3OF 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 ,direct the court below to return tobacco material and vehicle bearing registration No. TS 03 UC 9137 Goods Carrier seized from the Petitioner in connection with in Crime. No. 196 of 2022, P.S. Kothagudem lll Town, Bhadradri forthwith immediately pending disposal of the Crl.P. in the interest of justice.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SRINIVAS REDDY BALAKISTI, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent.
The Court made the following:
Cr .Pe i:i,)n N c.9299 of 2022 THE H )NOURABLE SRI JUSTICE H:.SUFIE:NDER CR.I4LNAL PETITION No.92$ oflp.2z ALONG WITH I.A.NO.3 OF 2022 ORDER:
This Cri ninal Petition under Section 482 o' the Code of Criminal Proct,dure, 1973 (for short'Cr.P.C.'), is filed by the petitioner to q rash the proceedings against him in l:,1.R.No.196 of 2022, on the 'ile of Station House Officer, Kothagudr:m III Town Police Station, ]hadradri.
2.
The petil ioner herein is the accused in the sad crirne. The offences allegeJ against him are under Section:;279t :i36, 270 and 273 of Indian t'enal Code (for short "IPC) and Secti :n 6(8) of the Cigarettes and rlther Tobacco Products (Prohibition of A,lvertisement and Regulation of Trade and Commerce, Productiorl. Supply and Distribution) Acl , 2003 (for short'COTP Act'). 3.
Heard learned counsel for the petitioner and learned Additional Publir Prosecutor for the respondent. Perused thrt record. 4.
Perusal of the record would reveal that the lis irv,:llverd in this case had alrea< y been dealt witll by this Court ext:ensively vide
Crl.Petition No.9299 of 2022.
-, common order dated 05.07.2021 in Crl.P. No.152 of 2020 and batch which was reported in Mohd. Jameel Ahmed v. State of Telanganar and also vide common order dated 10.06.2022 in Crl.P.No.5619 of 2020 and batch.
5. Therefore, this Criminal Petition is allowed quashing the proceedings in F.I.R.No.196 of 2022, on the file of Station House Officer, Kothagudem III Town Police Station, Bhadradri, in terms of the common order, dated 05.07.2021 passed by this Court in Mohd. Jameel Ahmed (Supra) and also common order dated 70.06.2022 in Crl.P.No.5619 of 2020 and batch.
6. As the proceedings in the aforesaid Criminal Petition are quashed against the petitioner, the Station House Officer/Investigating Officer is hereby directed to return the seized property/vehicle on proper identification and verification of ownership under due acknowledgment. In case charge sheet is already filed the petitioner is at libefi to file an appropriate application before the concerned Magistrate for return of the seized property/vehicle and the Magistrate shall consider the same in accordance with law. However, it is made^ clear that if the seized | 2022 criL) 6qz i
Crl.Pet tion No.9299 of 2022.
stock of tobar:co products or other products are excired, the same shall be des:royed by taking permission from :ire concerned Magistrate.
7. The colry of the common orders passed b'r this Court in Criminal Petition No.152 of 2020 and batch on 05.0,'.,t021 and also in Criminal Petition No.5619 of 2020 and batch on 1().06.2022, shall form part of this order.
As a seq:el thereto, Miscellaneous Petitions, if lny, pending in t/ I the Criminal Pe tition stand closed.
Sdi- G. SIREESHA ASSISTANT REGISTRAR (. 1) $ECTION OFFICER To, //TRUE COPY// I
1. The ll Adr I District Judicial First CIass Magistrate at Kc,thr 9,. dern, Kothagudem
2. The Statior House Officer, Kothagudem lll Town Police Station, Bhadradri Kothaguder n District..
3. One CC to 3Rl. SRINIVAS REDDY BALAKISTI, Advocale [OPUC]
4. Two CCs k, the Public Prosecutor, High Court for the S;tate of Telangana, at Hyderabad iOUT).
5. Two CD Cc:ies Dt,
tr HIGH COURT DArED:1911212022 \ '.N\ 1t\E STAT ./ ?- c ll [1 2[23 rt"B
ORDER
CRLP.No.9299 < f 2022 ,/ \..,--l, I :, \*-.:
I I ALONG Wl'l-H [.A No. ] of 2022 closed ( le) ()n V"\r\z) I I