Allowed

Mohammed mannan , Mohammed Faraz Ahmed Hashmi v. The State of Telangana

Telangana HC14 Jul 2021CRLP/3593/2021

Case brief

AI extract

What is this about?

Cr.P. Crl.P. 3593 of 2021 allowed; C.C. 204 of 2018 quashed against three accused. Court relied on previous order holding IPC sections 270, 273, 336, and 420 not attracted as tobacco regulation does not imply total prohibition in Telangana.

What did the court decide?

Criminal proceedings in C.C. No. 204 of 2018 against accused Nos. 1 to 3 were quashed against the petitioners.

Mohammed mannan , Mohammed Faraz Ahmed Hashmi Vs The… — Quashing and FIR | Telangana HC (2021)

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IN THE HIGH COURT FOR or r"orJ*lBlxrE^{oF TELANGANA}

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WEDNESDAY THE FOURTEENTH DAY OF JULY TWO THoUSAND AND TWENTY or.re^-"-'

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PRESENT

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_ THE HONOURABLE SRI .IUSTICC K.LAKSHMAN

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Between:

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CRIMINA LPE TITION N O: 3593 OF 2021

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N/annan @ tr,4ohammed Faraz Ahmed Hashmi, S/o Mohammed

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, Y;3;;r.O

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Shaik Afsar @ Shaik Gutam Mohinuddin, S/o. Shaik Khadeer,

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Mohammed Muoasrreei Anm;J;'Si; M;fir";;Jo vuzzammit Ahmad.

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...PET|T|oNERS/ACCUSED NO.1 TO 3

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The Stat_e of Telangana, ]hpugh lnspector of police, Habeebnaqar police station, Represented by its pudtic F;5J;;ui"; Hi;h d.;J;;;ih;,si;i""#Telangana, at Hvderabid.

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The Sub lnspecfor of police, pS. Habeebnagar, Hyderabad

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...RESPONDENTS

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Petition under Section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be preased to quash the proceedings of cc.No.20 4 of 2o1B on the lile of the Hon'ble xvt Additiona I Chief l,4etropolitan Magistrate, Nampally, Hyderabad

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LA. NO: 1OF 2021

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Petition under section 482 oI cr.P.c praying that in the circumstances stated in the [V]emorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings of CC.No.204 ol 2018 on the file of the Hon'ble XVI Additional Chief Metropolitan lvlagistrate, Nampally, Hyderabad including the appearance of accused

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri TEKURU SWETCHA, Advocate for the Petitioners and of the Additional Public Prosecutor on behalf of the Respondents.

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The Court made the following: ORDER

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,/,

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HON'BLE^{SRI JUSTICE K. LAKSHMAN} CRIMI^{NAL PETITION No.3593 ()F 2021}

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ORDER:

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This^{petition is filed under Section-482 ol the Code of} Criminal^{Procedure,1973 to quashthe proceedingsin C C'No 204 of} 20 18 pending^{on the file ol XVI Additionat Chiel Metropolitan} Magistrate,^{Nampally, Hyderabad'The petitioners hereinare accused} Nos.1 to 3^{in the said crime. The offences allegedagainstthemare} under Sections270,273,336^{and 420 teadwith34 of IPC'}

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Heard Ms.^{Tekuru Swetcha,leamed counsel for the} petitioners and the^{learnedAssistant PublicProsecutor appearlng on} behalf of respondent^{- State.}

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This Court, by^{common order dated05 '07} '202<sup>in Crl.P. No. 152 of 2020^{and batch,l.ras extensively dealt with the issue} covered in the present^{criminal petition observing that transpoflation,} possession, storage, sale and^{purchase of tobacco products are not} totally banned in the State of^{Telanganaand, therefore,it cannot be} said that offences under Sections^{- 269,,270,271,272and 273,328'} 336 and 420 of IPC are attracted to^{the petitionerstherein. In the} present case also, the allegations agdinst the^{petitionersare thatthey} are selling prohibited tobacco^{products and the contents of the} complaint do not attract the ingredients^{of offences underSections} -

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270, 273, 336 and 420 read with 34 ol IpC and, therefore, the proceedings against the petitiongrs in the above case are liable to be quashed.

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The present Criminal petition is accordingly allowed in terms of the common order 05.07.2021 in Crl.p. No.l52 of 2020 and batch, and the proceedings in C.C.No.204 of 201g, pending on the file of XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad, are hereby quashed against the petitioners _ accused Nos.1 to 3.

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) Since the proceedings are quashed against the petitioners in the above CC, the petitioners are at libefty to flle an appropriate application belore the concerned Magistrate fbr return ol the seized propefty and the learned MagisLrate shall consider the sarne in accordance with lau,

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As a sequel, miscellaneous petitions, if any,^pending in^the

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criminal petition shall stand closed.

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Sd/.IV.MANJULA ASSISTANT REGIST R ,TRUE COPY//

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SECTION OFFICER

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To 1. The Hon'ble XVI Additional Chief Metropolitan Magistrate, Nampally, Hyderabad. 2. The Station House Officer, Habeebnagar Police Station, Habeebnagar, Hyderabad.

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Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad (OUT)

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One CC to Sri Tekuru Swetcha, Advocate (OPUC)

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Two CD Copies

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One Spare Copy Kj \ .- .-.rV-

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HIGH^COURT

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DATED:14/07/2021

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ORDER

CRLP.No.3593 ol 2021

ALLOWING THE CRL.P.

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Mohammed mannan , Mohammed Faraz Ahmed Hashmi v. The State of Telangana

Case brief

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Mohammed mannan , Mohammed Faraz Ahmed Hashmi v. The State of Telangana

Case brief

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