Saleem Alias Abdul Aleem v. The State Of Telangana And Another
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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD - MONDAY, THE NINETEENTH DAY OF DECEIMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9567 OF 2022 Between:
Salmann @ Abdul Aleem, Wrongly mentioned in F.l.R S/o. Md.Abdul Hakeem, Aged about 32 years, Occ.Professional Services, R/ o. 18-8-104/106, PN Nagar, Edi Bazar, Hyderabad, T.S.
PETITIONERYACCUSED No.1 AND The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyd. The State of Telanana, through P.S. Jubilee Hills, Hyderabad. RESPONDENT/COM PLAINANT Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner/accused No. 1 C.C.No.11141 of 2018 in Crime No.292 of 2017 of P.S. Jubilee Hills, Hyderabad, for the U/.Sec 328, 188 IPC and Sec 4 and 20 ( 2 ) COTP Act pending disposal of the above criminal petition 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.
11141 of 2018 in Crime No. 292 of 2017 of PS Jubilee Hills Hyderabad for the U/.Sec 328, 188 IPC and Sec 4 and 20 ( 2 ) COTP Act pending 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 M.M AHMED KHAN, Advocate for the Petitioner and of the Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and None Appeared for the Respondent No.
Crl.Pe1i,:ion Nr.9567 of 2022 '
THE HI)NOURABLE SRI JUSTICE K.SUF,E:NE)ER a CR:,MINAL PETITION No.9567 OF 2022 ORDER:
This Cri ninal Petition under Section 482 o' the Code of Criminal Procr:dure, 1973 (tor short 'Cr.P.C.), is file,l by the petitioner to q;ash the proceedings against him in 1..C.N0.1141 of 2020, pending on the file of XVII Additional Chief Metropolitan Magistrate at l- yderabad.
2.
The petil ioner herein is the accused No.l in lhr-, said crime. The offences a leged against them are under Sections 328 and 188 of Indian Penal Code (for short "IPC') and Sections 4 :nd 20(2) read with 7(2) of th,l Cigarettes and other Tobacco Produr:ts; (Prohibition of Advertisem:nt and Regulation of Trade anl Commerce, Production, Supply and Distribution) Act, 2003 (for shc,rl.'COTP Act). 3.
Heard k arned counsel for the petitioner ;:nd learned Additional Publir: Prosecutor for the respondent. Perusec th,: record. 4.
Learned r:ounsel for the petitioner submits th;rt thi:; case is squarely coverel with the Common Order rendered by' this; Hon'ble
Crl.Petition No.9557 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) read with 7(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.1l47 of 2020, pending on the file of XI/II Additional Chief Metropolitan Magistrate at Hyderabad.
7. 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. Since the charge sheet is already filed, the petitioner is at liberty to file an appropriate appllcation before the concerned Magistrate for return of the seized ate shall consider the same in property/vehicle and the Magi
Crl.Per i':ion N r.9557 of 2022'
accordance with law. However, it is made clear thrt if the seized stock of tobac:o products or other products are exllired, the same shall be desl royed by taking permission from the concerned Magistrate.
8. The copy of the common order passed by lhis Court in Criminal Petition No.3731 of 2018 and batch, dat,:d 2,/.08.2018, shall form part of this order.
As a seq rel thereto, Miscellaneous.Petitions, if ,lny, pending in the Criminal P€tition stand closed.
Sd/. N CHANDRA SEKHAR RAO ASSISTANT REGITRAR //TRUE COPY// \, :lE(:TION OFFICER To,
1. The XVll AJditional Chief tr,ietropoiitan Magistrale Namcally, rlyderabad i f[" dtriio ,ftorJe Ofiicer, Jubilee Hills Police Statron, llyderitbad
5. f*o CCs t I the Public Prosecutor, High Court for the stlte ot lelangana at Hyderabac (OUT) + O?l" CC io 'Snt. ttl. VnUUeD KHAN, Advocate [OPUCI
5. Two CD C rpies pr q
HIGH COL RT DATED:1911212022
ORDER
I CRLP.No.r1567 ot 2022 /1 o 4--t,', )- ,!lI ?0?3 / ,/ ALI-OWING TH ] CzuMINAL PETITION @crglU k* l