Criminal Petition under Section 482 CrPC filed to quash proceedings under NDPS Act dismissed as infructuous since investigation completed and charge-sheet filed.
Petition dismissed as infructuous. Petitioner at liberty to work out legal remedies.
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.
IN THE HIGH GOURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY, THE TWENTIETH DAY OF OCTOBER TWO THOUSAND AND TWENTY ONE
PRESENT
THE HONOURABLE DT. JUSTICE SHAMEEM AKTHER
CR|M|NALpETtTtON NO: S98 OF 2020
Between:
Bhukya^Homji.Naik,. S/o Qakgha, Age 55 years, Occ. Agriculture, R/o H.No.4-.1_15/19, r(edoy Bazar, Mahaboobabad Town and District.
...PETITION E RYACCUSE D
AND
The State of.TeLangana, Trhough The Station House Officer, p.S. Nalgonda I Town., Rep, by Public Prosecutor High-Court at Hyderabad.
...RESPONDENT
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 crime No.240 of 2019, dated 24liot2o1g on the file of the Police Station Nalgonda lTown - T.S.
l.A. NO: 1 OF 2020
Petition under section 482 of cr.p.c praying that in the circumstances stated in the l\ilemorandum of Grounds of criminal petition, the High court may be pleased to stay of arrest in crime No.240 of 2019, dated 24t10/2019 on the file of the police station Nalgonda I Town - T.S. pending disposal of the above criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri B. s. prakash Rao, Advocate for the Petitioner and the public prosecutor on behalf of the Respondent.
The Court made the following: ORDER
THE HON'BLE DT.JUSTICE SHAMEEM AKTHER CRI INAL PETITIONN o.598of2021'
ORDER:
This Criminal Petition,under Section 482 of the Code of Criminal Procedure, t973,is filed by the petitio ne r/accused seeking toquash theproceedingsagainst him inCrime No.24012019 of Nalgonda ITown Police Station,Nalgonda, registered for the offenceunder Section 20(b)(ii)(C)of NDPS Act.
Miscellaneous Petitions, if any,pending in this Criminal Petition shall stand closed.
SD/.K.ONESIM ASSISTANT REGISTRAR
//TRUE COPY//
SECTION OFFICER
To.
i. ine lrOi.iat FirstClass Magistrate at Nalgonda' i. iii" sirii". nouieofflcer' ilalgondaI town Police Station' Nalgonda' 5. i;; cE; i,Punticprosecutor,'High Courtfor the state of Telangana at Hvderabad.(OUT)
+. ohJCC io Sri B.3. Prakash Rao, Advocate[OPUC]
- Two C.D. CoPies
HIGH COURT
DATED: 2011012021
ORDER
<br>E s TA rC:
o 01 N0v'-t]?1
*
Fs !
CRLP.No.598 of 2020
DISMISSING THE CRIMINAL PETITION AS INFRUCTUOUS
1 issue framed by the court
Whether proceedings in a triable criminal case under NDPS Act can be quashed under Section 482 CrPC when investigation is completed and charge-sheet filed.
2 provisions across 2 enactments
Bhukya Homji Naik
State of Telangana through SHO
Shameem Akther
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
