Allowed

Nadeem Khan v. The State of Telangana

Telangana HC16 Dec 2022CRLP/11277/2022

Case brief

AI extract

What is this about?

Single Judge High Court of Telangana allowed Criminal Petitions under Section 482 Cr.PC. Proceedings in Crime No. 16 of 2022 were quashed following a common order in Mohd Jameet Ahmed v State of Telangana. Court directed return of seized material/vehicles pending disposal.

What did the court decide?

Proceedings in Crime No. 16 of 2022 quashed; seized property/vehicles directed to be returned to petitioners. Expired tobacco stock to be destroyed.

Nadeem Khan Vs The State of Telangana — Quashing and FIR | Telangana HC (2022)

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IN THE HIGH COURT FOR or r"otl*toBhrE^{oF rELANGANA}

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[³²⁵¹ ]

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FRIDAY,THE SIXTEENTH DAY OF DECEIVIBER TWo THOUSAND AND rWer.rrV rWci*-''

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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cRt M INAL PETITION NO: 1 1277 0F 2022

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ALON GWITH I.A.N o.2 OF 2 22

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Between:

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Nadeem Khan, S/o yousufl(han, Aged about 35 years, Occ. Business, R/o Habeeb Nagar, Nizamabad Town, ttlTimauiJ'oiitrtt.

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9!qry!h, S/o Ayyub Khan, Aged about 38 years, Occ. Business, R/o H.No. 7- 14-296, Habeeb Naga', Nizamabad Town, Nizamabad District.

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Sufan .U.t..t_lqq @- Kashif @ Mohammed Sufwan UI Haq, S/o Mohammed Javeed Ul Haq, Aged about 38 Years, Occ. Business, RiTo H.No. 7-2-134, Chitta Khana, Bidar, Bidar District.

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Hameed @ Hameed Bin Haqani, S/o M A Haqani, Aged about 52 Years, Occ. Business, R/o H.No. 9-14-113, Ahmed Pura Colony, Nizamabad District.

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Shaik Dawood, S/o Shaik Mahaboob, Aged about 22 Years, Occ. Business, R/o H.No. 7-14-286, Habeeb Nagar, Jawar Road, Nizamabad District.

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...PETITIONERS/ACCUSED No.1 to 5

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AND

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The State of Telangana, through S.H.O.^{Nizamabad Vl Town PoliceStation'} Nizamabad District] rep. by^{Public Prosecutor'HighCourt,Hyderabad.}

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...RESPONDENTS/COMPLAINANT

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PetitionunderSection4S2ofCr.P.Cprayingthatinthecircumstances StatedintheMemorandumofGroundsofCriminalPetition,theHighCou(maybe pleasedtoquashtheproceedingagainstthepetitioners/accusedNo.,lto5in Crime. No.^{16 of 2022 on the file of P'S' Nizamabad-VlTown Police Station'} NizamabadDistrict,andconsequent|ydirectthepolicetoreturnthesizedmaterial in Crirne.No.16^{ol 2022.}

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t.A. NO:2 oF 2022

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Petition under Section 482 of Cr.P .C praying that in the circumstances stated in the Memorandurr of Grounds of Criminal Petition, the High Court may be pleased to direct the police to return the seized material in Crime. No.^'16 of 2022 on the file of P.S. Nizamabad-Vl Town Police Station, Nizamabad District, to the petitioners, pending disposal of the above criminal petition.

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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 Gajanand chakravarthi, Advocate for the peritioner and the Additionar pubric prosecutor (TG) on behalf of the Respondent.

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The Court made the following: COMMON ORDER

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Crl.Petition No.112 77 of 2022.

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THE HONOURABLE SRI JUSTICE K.SURENDER IM P I 1 7 2 22 ALo NG WITHI .A.No.2 of2o22

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COMMON ORDER:

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This Criminal petition under Section 4g2 of the Code of Criminal Procedure, 1973 (for short .Cr.p.C.), is filed by the petitioners-accused Nos.1 to 5 to quash the proceedings in Cr.No.16 of 2022 on the file of Station House Officer Nizamabad_Vl police Station, Nizamabad District.

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2 The petitioners herein are accused in the said case The offences alleged against them are under Sections 188,272, 273, 270 of Indian Penal Code (for short "IPC) and Section 20(2) read with 7(2) of the Cigarettes and other Tobacco Products^(Prohibition of Advertisement and Regulation of^{Trade and Commerce,} Production, Supply and^{Distribution)Act, 2003 (for short'COTPAct)}

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Heard learned counsel^{for the petitionersand learned} Additional^{Public Prosecutor for the respondent.Perusedthe record'}

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Perusal of^{the recordwouldrevealthat the /rs involved} in this case^{had already been dealt with by this Courtextensively}

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--'

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crl.Petition^{No.17277of 2022}

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vide common^{order dated05'07'2OZl in Crl'P' No'152 of 2020 and} batch which^{was reportedin Mohd' Jameet Ahmed v' State of} Telanganal.

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Therefore, this^{Criminal Petition is allowed quashing the} proceedings against the^{petitioners in Cr.No.16of 2022 on the file of} Station House Officer^{Nizamabad-VIPolice Station,Nizamabad} District, in terms of the common order,^{dated 05.07.2021passedby} this Court in Mohd. Jameel Ahmed^(Supra).

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As the proceedings in the aforesald are quashed against the petitioner, 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. In case charge sheet is already filed the petitioner is at libefi to file 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 Ma 9,strate. O22 Cril.t (tt)

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Crl.petition No.71277 of 2022

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