Zaker Ali v. The State Of Telangana And Another

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY ,THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9798 OF 2022 Between:

Zaker Ali, S/o Mansab Ali, Age 47 yrs , Occ Business, R/o. H.No.17€-42111|a. N A B Chowni, Yakutpura, Hyderabad.

...PETITIONER AND

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

2. Nasrin Begum, Sub inspector of Police Reinbazar, Hyderabad. ...RESPONDENT/DEFACTO.COMPLAINANTS i 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 C.C.No. BB2O|2022 on the file of Vlll Additional Chief Metropolltan Magistrate at Nampally Hyderabad on a report given by the Respondent No 2 the police. P.S. reinbazar Registered the Crime in FlR. No. 12312022 uls 272, 273, 328rlw 511 lPC, 2O(2) COTPA on the file of Vlll Additional Chief Metropolitan Magistrate at Nampally Hyderabad, against the petitioner.

l.A. NO: 2OF 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 petitioners in CC. NO 882012022 on the file of Vlll Addl. Chief Metropolitan Magistrate at Nampally Hyderabad, on a report given by the Respondent No.2 the police: P.S. reinbazar Registered the Crime in FIR No. 12312022 uls 272,273, 328 rlw 511 lPC,2O(2\ COTPA on the file of VIll Addl. Chief Metropolitan Magistrate at Nampally Hyderabad , against the petitioners.

This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mohd. Fasiuddin, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 .

The Court made the following: ORDER

Crl.Petition No.9798 of 2022 THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.9798 OF 2022

ORDER

This Crimina Petition under Section 482 of the Code of Criminal Procedure, 1973 (for shott 'Cr.P.C.'), is filed by the petitioner to quash the proceedings against him in C.C.No.8820 of 2022, pending on the file of VIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.

2.

The petitioner herein is the accused in the said crime. The I offences alleged against him are under Sections 272,273 and 328 I read with 511 of Indian Penal Code (for short "IPC) and Section 20(2) ot the Cigarettes and other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short'COTP Act). 3.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor for the respondent. Perused the record. 4.

Perusal of the record would reveal that the lis involved in this case had already been dealt with by this Court extensively vide common order der't'd 05.07.2021 in crl.p. No.152 0f 2020 and batch

.- Crl.Petition No.9798 ot 2022 which was reported in Mohd. Jameel Ahmed v. State of Telanganar.

5. Therefore, this Criminal Petition is allowed quashing the proceedings in C.C.No.B820 of 2022, pending on the file of VIII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, in terms of the common order, dated 05.07.2021 passed by this Court in Mohd. Jameel Ahmed (Supra).

6.

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.

7. The copy of the common orders passed by this Court in Criminal Petition No.152 of 2020 and batch on 05.07.2021, shall form part of this order.

'zo22ciLJ642.

) Crl.Petition No.g798 ot 2022 As a sequel thereto, Miscellaneous petitions, if any, the Criminal petition stand closed.

pending in Sd/. N. SRIHARI ASSISTANREGISTRAR I //TRUE COPY// €D SECTION OFFICER To, The Vlll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad The Station House Officer, Rein Bazar Police Station, Hyderabad One CC to Md.Fasiuddin ,Advocate (OPUC) Two CCs to Public Prosecutor, High Court of Telangana at Hyderabad(OUT) Two CD Copies 1.

4.

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HIGH COURT DATED:1 911212022 i 1$Es

ORDER

17 FEB 2U23 z .o -tCRLP.No.9798 of 2022 ."A k Ot:

ALLOWING THE CRL.P.

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