Chukani Shiv Kumar 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.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE NINETEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry TWO PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 9908 OF 2022 Between:
1. Chukani shiv Kumar, S/o. chukani Maruthi,Aged about 25 years, Occ-Driver, R/o.1-188, siswa church, Markunda (V), Mannaekheli Bidar,Dist-Karnataka ...Accused-l
2. Noone venu Gopal, S/o.Late N.Shankariah, Age- 51 years, Occ- Business. R/o. 2-11-8B,Near Muthyalamma Temple, Ashok Nagar, Chikkadpally. Hyderabad.
...Accused-2 AND
1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana Hyderabad.
2. The Sub-lnspector of Police, Begumpet Police Station, Hyderabad District. ...RespondenUComplainant 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 in CC NO. 1672 of 2022 on the file of Xl Additional Chief Magistrate Magistrate at Secunderabad against the petitioners. l.A. NOt 2 OF 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 respondents to release the stock seined along with lnnova car KA 16M 3738 in CC NO. 1672 sf 2022 On the File of Xl Additional Chief Magistrate Magistrate at Secunderabad in favor of the Petitioner. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the argurnerrts of Sri BALA MURALI Y, Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondents.
The Gourt made the following: COMMON ORDER I
Crl.Pet ti(:n N0.9908 of 2022 .
THE H0NCIURABLE SRI JUSTICE K.SUF.ENDER CRIMINAL PETITION No.
Q,22 ALONG WITH I.A.No.2 of 2022 COMMON OITDER:
This Cri rinal Petition under Section 482 o' the Code of Criminal Procr:dure, t973 (for short 'Cr,P.C.), filerJ by the petitioners to c uash the proceedings against them in C.C.No.1672 of 2022, pending on the file of XI Additional Chie:l Metropolitan Magistrate at S ecunderabad.
2.
The petil ioners herein are the accused Ncs.1 ant 2 in the said cn me.
The of 'ences alleged agalnst them are unde' iiections 272, 273,279 and :53 of Indian Penal Code (for short "IP(1") and Section 59(i) of Food S lfety and Standards Act, 2006 (for sho1, FS:l Act'). 3.
Heard lr:drned counsel for the petitioners ,rnd learned Additional Publ c Prosecutor for the respondent. Peru:;erl the record. 4.
Learned :ounsel for the petitioners submits tl^ai this case is squarely coverr:d with the Common Order rendered by this Hon'ble Court in Crim nal Petition No.9062 of 202L and l.ratcrh, dated t4.07.2022.
Crl.Petition No.9908 of 202a
5. This Court had repeatedly quashed the proceedings wherein tobacco products were found on the ground that the provisions under Sections 272, 273, 279 and 353 of IPC and Section 59(i) of FSS Act, are not attracted. This Court vide Criminal Petition No.9062 of 202L and batch, dated 14.07.2022 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.1672 of 2022, pending on the file of XI Additional Chief Metropolitan Magistrate at Secunderabad.
7. As the proceedings in the aforesaid Criminal Petition are quashed against the petitioners, 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 petitioners are 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 pf,oducts are expired, the same I I
Crl Pet tic n No.9908 of 2022.
shall be deslroyed by taking permission from the concerned Magistrate.
8. The copy of the common order passed by this Court in Criminal Petitii rn No.9062 of 2021 and batch, daltcl 111.07.2022, shall form part of this order.
As a seq rel thereto, Miscellaneous Petitions, if lny, pending in the Criminal P€tition stand closed.
Sd/.G. SIREESH ASSlSil'AiliT REGIST //TRUE COPY// \ SiECTION OFFICER To, The /.t ACdltiorral Chief Metropolitan Magistrate at Secunderabad. 1.
The Station H< use Officer, Begum Police Station 2.
Two CCs to A< ditional Prosecutor, High Court for the St;rb of Telangana, at Hyderabad [Ol lT] 3.
One CC to SF l. BALA MURALI Y,Advocate IOPUCI 4.
Two CD Copie;
$,- 5.
PSR
HIGH COUR KS, J DATED:1911t112022 ,z'
l/..\ /_:- q ./ 4.
a)i) Ir t\ 0 2 ruB 2023 ^$ COMMON OIIDER l.;
\'. ..
i.,l CRLP.No.99( B of 2022 ALONG WITFI IA NO. 2 OF 2{J22 ALLOWING CIF THE CRIMINAL PETITION.
@ r,.*