Shaik Rasheed v. The State Of Telangana

\-/'.& HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD SATURDAY,THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY THREE PRESENT THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO: 12380 OF 2023 Between:

Shaik Rasheed, S/o Chand, Aged about 50 Years, Occ. Business, R/o Mahalaxmi Wada, Adilabad.

Petitioner/Accused No. 2 AND The state of Telangana, through s.H.o. Bheempur Police station, Adilabad District, rep. by Public Prosecutor, High Court, Hyderabad. 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 call for the records relating to case in c.c.No. 600 of 2020 on the file bf Special PCR Mobile Court Cum Judicial First-Class Magistrate at Adilabad and quash the proceedings in the above C.C.No. 600 of 2020. l.A. NO: 2OF 2023 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 the seized material in c.c.No.

600 of 2o2o on the file of special PCR Mobile court cum Judicial First- class Magistrate at Adilabad, pending disposal of the Criminal Petition. This Petitbn coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri GAJANAND CHAKRAVARTHI ,Advocate for the Petitioner and the Public Prosecutor (TG) on behalf of the ResPondent No. 1.

The Court made the following: ORiEn

/ THE HONOURABLE SRI WSTICE K.SURTNDER CRIMINAL PEf,ITIoN NO.1 2380 0F 20/23, ORDER:

.

This Criminal petition under Sectior. 4g2 of the Code of Criminal Procedure, l9Z3 (for short Cr.p.C.J is hled by the petitioner - accused No.2 to quash the proceedings in C.C.No.600 of 2O2O pending on the hle of Special pCR Mobile Court - cum - Judicial First Class Magistrate at Adilabad, registered for the offences under Sectio ns 2ZO, 27 I and 273 of the Indian Penal Code.

2.

Heard learned counsel for the petitioner and learned Additional Public prosecutor for the respondents. perused the record Perusal of the record would reveal that the lis involved this case had already been dealt with by this Court extensively vide common order dated OS.OZ.2O2l in ln Crl.P.No. 152 of 2O2O and batch which was reported in Mohd. Jameel Ahmed v. State of Telanganar and also vide ' 2022 crlls 6qz.

i

common order dated 10.06.2022 in Crl'P'No'5619 of 2O2O and batch.

4.

Accordingly, this Criminal Petitions is allowed quashing the proceedings in C.C.No.60O of 2O20 pending on the fIIe of Special PCR Mobile Court - cum - Judicial First Class Iv{agistrate at Adilabad, in terms of the common order' dated O5.O7.2O21 passed by this Court in Mohd' Jameel Ahmed (Supra) and also common order dated lO '06'2022 in Crl.P.No.5619 of 2O2O and batch'

5.

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.

/ 6.

The copy of the common orders passed by this Court in Crl.Petition No. 152 of 2O2O and batch on OS.OT .2021 and also in Crl.Petition No.S619 of 2O2O on 10.06.2022, shall form part of this order.

if any, in this Miscellaneous applications pending, criminal petition, shall stand closed.

SD'- A.V.S. PRASAD ASSTSTANIREGTSTRAR V SECTION OFFICER /TTRUE GOPY/'

\ To, 1 . The Special PCR Mobile Court cum Judicial First-Class Magistrate at Adilabad.

2. The Station House Officer, Bheempur Police Station, Adilabad District.

3. One CC to SRl. GAJANAND CHAKRAVARTHI Advocate TOPUCI

4. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad[OUT].

5. Two CD Copies SRYJAK AW

HIGH COURT DA'|ED:16112t2O23

ORDER

S T r e q ( zo oo 1 2 rrB 2021 CRLP.No.123BO ot 2023 * €spArCfreO CRIMINAL PETITION IS ALLOWED @r$hM