High Court allowed criminal petition seeking quashing of proceedings under IPC and COTP Act. Court held allegations lacked ingredients of cited offenses, aligning with previous order finding no total ban on tobacco.
Proceedings in C.C. No. 44 of 2021 were quashed. Petitioners permitted to seek return of seized property.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
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PRESENT
THE HONOURABLE SRI JUSTICE K.LAKSHMAN
CRIM INAL PETITION NO: 1782 0F 2021
Betwee n:
AND
Petition under Section 482 of cr.p,c praying that in the circumstances stated in the lt4emorandum of Grounds of criminal petition, the High court may be pleased to quash all the proceedings against the petitioners / accused No. 1 to 3 in F.l.R. No. 4 of 2021 , dt12-01-2021 issued by the sHo piflam p.S., Kamareddy District for the offences under Section 270 and 273 of IPC Sec. 20 (2) of COTpA
l.A. NO: 3 OF 2021 :-Petilion under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Crim ina I Petition, the High Court may be pleased To amend in the main prayer as wel Ias in the interest of prayer of the quash petition in CC No.44l2021 on the file learn ed J udicial First Class Ivlagistrate at banswada for the offence UIS 270 and 273 IPC & sec 20 (2) COPTA Act arose out of Cr No.412021 of P S Pitlam Kamareddydist
l.A. NO: 2OF 2021:-Petition under Section 482 ol Cr.P.C praying that in the circumstances stated in the lVemorandum of Grounds of Criminal Petition,the High Court may be pleased to stay all the proceedings against the Petitioners / accused No. 1 to 3 in F.l.R.No. 4 of 2021 , dI 12-01-2021 issued by the SHO Pitlam P.S., Kamareddy District for the offences under Section 270 and 273 of IPC Sec. 20(2) of COTPA, pending disposal of the quash pelition
This Petition coming on for hearing, upon perusing the l,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri. fr/r. Boggula Raju,.Advocate for the Petrtioners and the Assistant Public Prosecutor on behalf of the Respondent No.1 and of none appeared for the Respondent No. 2
The Court made the following: ORDER
THE HON'BLTSRI JUSTICE K' LAKSHMAN
I.A.No.3 of 202t IN/ AND CRIMINALPETITI ON No.17a2oF 2021
ORDER:
This CriminaiPetition is filed underSection- 482 of the Code of CriminalProcedure,1973 lo quash the proceedingsin Crime No,4of2021 on the lile ol Pitlam PoliceStation' KamareddyDistrict. The petitioners hereinare accused Nos'1 to3inthesaidcrime.Theoffencesailegedagainstthemare under Sections -270 and 273 of IPC and Section 2Ol2\ of Cigarettes andOther TobaccoProducts (Prohibitionof Advertisementand Regulationof Trade and Commerce' Production, Supplyand Distribution) Act, 2003 (for short 'COTP Act').
\ \
3' Heard Mr. Boggula Raju, learned counsel for the petitioners and the learned Assistant public prosecutor appearing on behalf of respondent _ State.
3
i
1
observingso, this Court held that registeringthe crimes for the saidoffenceagainstthe petitioners therein is contraryto Section- 20 12<sup>of COTP Act'
7 . The present CriminalPetitionis accordinglyallowed in terms of the commonorder dated O5.OT.2021in Cr1'P No 152 ol 2O2O and batchand the proceedings in C C'No'44 of 2021 on the file of JudicialSecond Class Magistrateat Banswada, against the petitioners -accusedNos.l to 3 are hereby quashed.
B. Since theproceedingsare quashed againstthe petitioners in the abovecrime, the petitioners are at liberty to file an appropriateapplication before theconcerned Magistrate for returnof the seized propertyand the learned Magistrate shallconsiderthe same in accordance with 1aw'
J
As a sequel, miscellaneous petitions, if any, pending in the crimina.l petition shall stan d closed.
SD/-K. ONESIM ASSISTANT REGISTRAR
(' tr"
//TRUE COPY//
SECTION OFFICER
To,
'1 The Judicial First Class Mlgistrate at banswada Karimnaga District
4 Two ccs to the Pubric pr5secutor, Hig'h court for the state of rerangana at Hyderabad [OUT]
TP
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HIGHCOURT
DATED: 1610712021
1 ci TA I4:
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oo 29 Juz0tl o
oE T C
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ORDER
CRLP.No.1782 ot 2021
ALLOWING THE CRIMINAL PETITION
2 issues framed by the court
Whether proceedings for offenses under IPC and COTP Act regarding tobacco possession are liable to be quashed.
Whether allegations in the complaint attract the ingredients of offenses under Sections 270, 273 of IPC and Section 20(2) of COTP Act.
3 provisions across 3 enactments
Asrarshah et al.
The State of Telangana
K. Lakshman
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
