Mohd.Abdul Aleem v. The State Of Telangana
This judgment came from a scanned document and its text layer is unreliable — words may be garbled. Check the original PDF before relying on any passage.
HIGH COURT FOR THE STATE OF TELANGANA [ 3251 I MONDAY,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K,SURENDER CRIMINAL PETITION NO: 9497 OF 2022 Between:
Mohd.Abdul Aleem, S/o. Mohd.Abul Hakeem, Aged about 32 years, Oc^c.Professional Services, R/o. 18-8-104/106, PN Nagai, Edi Bazar, Hydeiabad, T.S.
...PETITIONERyACCUSED No.2 AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad
2. The State of Telangana, through P.S. Jubilee Hills, Hyderabad. ...RESPONDENTS/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/accused No.2 in C.C.No.'10165 ot 2021in Crime No.495 ot 2018 of P.S. Jubitee Hitts, Hyderabad, for the U/Sec. 328, 188 IPC and Sec. 4 and 20 (2) COTP Act l.A. NO: 1OF 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 against the petitioner in CC No. 10165 of 2021 in Crime No. 495 of 2018 of PS Jubilee Hitts Hyderabad for the U/.Sec 328, 188 IPC and Sec 4 and 20 ( 2 | COTP Act pendrng disposal of the above criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri MOHD MAHBOOB AHMED KHAN ,Advocate for the Petitioner and the Additionat Public Prosecutor on behalf of the Respondents The Court made the following: ORDER
Crl.P,rl ition I'1o.9497 of 2022 THE TIONOURABLE SRI JUSTICE K.SUI?.ENDER CF.IMINAL PETITION No.9 497 0F:tO22 ORDER:
This Cr iminal Petition under Section 482 cl thr: Code of Criminal Procedure, L973 (for short 'Cr.P.C.'), i; filed by the petitioner to cuash the proceedings against him in CC.No.10165 of 2021, pendinry on the file of XVII Additional Chi,-.f Mt:tropolitan Magistrate at I lyderabad.
2.
The pettioner herein is the accused No.2 in .hr:5,116 6r1n,". The offences alleged against him are under Sections.l28 and 1BB of Indian Penal Crde (for short "IPC') and Sections 4 ard 20i2) of the Cigarettes and other Tobacco Products (Prohibition of r\rlvertisement and Regulatror of Trade and Commerce, Productior, Supply and Distribution) Ac:, 2003 (for short'COTP Act'). 3.
Heard k rarned counsel for the petitioner ;rnd learned Addrtional Publi,: Prosecutor for the respondent. perusr::l tht: record 4.
Learned r:ounsel for the petitioner submits that this case is squarely covereJ by the Common Order rendered b1 this Hon'ble
Crl.Petition No.9497 of 2022 Court in Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018.
5. This Court had repeatedly quashed the proceedings wherein tobacco products were found on the ground that the provisions under Sections 328 and 188 of IPC and Sections 4 and 20(2) of COTP Act, are not attracted. This Court vide Criminal Petition No.3731 of 2018 and batch, dated 27.08.2018 had quashed the proceedings against the accused persons.
6. In the said circumstances, this Criminal Petition is allowed quashing the proceedings in C.C.No.10165 of 2021, pending on the file of /'VII Additional Chief Metropolitan Magistrate at Hyderabad. 7.
Since the charge sheet is already filed, the petitioner is at liberty 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 stock of tobacco products or other products are expired, the same shall be destroyed by taking permission from the concerned Magistrate.
Crl.Pr tition 110.9497 ol 2022 B. The copy of the common order passed by' this Court in Criminal Peti :ion No.3731 of 2018 and batch, daterd 117.08.2018, shall form pa t of this order.
As a sr quel thereto, Miscellaneous Petitions, i'r:ny, pending in the Criminal )etition stand closed.
Sd/. N CHANDRA SEKHAR RAO ASS,ISiTANLREGISTRAR ..tD //TRUE COPY// SECTION OFFICER To,
1. The XVll Addl. Chie f N,4etropotitan Magistrate, at Hyderabad
2. The Statron House )ffict-.r, Jubilee Hills Police Station, Hyderabi;d
3. Two CC to the Add Hyderabad [OUT] Puolic Prosecutor, High Court for the Slah: of 1-elangana at
4. One CC to Sri. Ir,lol rd A,4ahboob Ahmed Khan, Advocate [OpU:;l
5. Two CD Cop es bjrb kam !-,, .x'
HIGH COURT KS, J DATED:191121202r.
ORDER
lg I l"
CRLP.No.9497 of a022 09 irliR il?3 l.-) I CRIMINAL PETITI()N IS ALLOWED (0 v>