High Court quashed criminal proceedings under IPC 188 and COTPA Section 20(2) quashing order in favor of petitioners and directed return of seized money, allowing destruction only if stock is expired.
Proceedings in C.C.No.1327 of 2019 quashed; seized money returned to petitioners.
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iN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY ,THE FIRST DAY OF MARCH TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION NO: 2073 OF 2023
Between:
...PETITIONERS/A.I & A.2
AND
...RESPONDENTS/COMPLAINANT
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the lVemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.1327 o'f 2019 On the file of Honble X Additional Metropolitan Magistrate at Kukatpally. Cyberabad for the offences punishable under Sections IPC 188, 20(2) of COTPA against the petitioners.
l.A. NO: 2OF 2023
Petition under Section 482 ol 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 respondents to release the money seized in C.C.No.1327 of 2019 on the file of Honble X Additional Metropolitan Magistrate at Kukatpally, Cyberabad for the offences punishable under Sections IPC 188 20 (21 ot COTPA in favor of the Petitioner.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Y. BALA tMURALI, Advocate for the Petitioners and the Additional Public Prosecutor on behalf of the Respondent No.1 and 2.
The Court made the following: COMMON ORDER
T
Crl.Pe:ition No.2073 of 2023
1
THE F ONOURABLE SRT JUSTICE K.SUIIENDER
CF IMINAL PETTTION No.2O73 0F ito23 AL NG WITH I. NO.2 F2
coM ONC RDER:
This C rrinalpetition under Section 492 cf th€r Code of Criminal Pror :clure, llt73 (for short 'Cr.p.C.), i:; filed by the petitioners to luash the proceedings against them in C,C.tJo.1327 of 2019, pendin< cn the file of X Additional Metropolitan Magistrate at Kukatpatly, Cy terabad.
Crl.PetitionNo.2073of 2023
2
Court in CriminalPetition No.9062of 2021 and batch, dated t4.07.2022.
Crl.Pr til on tIo.2073 of 2023
shall form pa t r>f this order.
As a s€ lLel thereto, Miscellaneous petitions, if ,:ny, pending in
the Criminal I etition stand closed.
Sd/-G.SIREESHA
ASSISTANT REGISTRAR
,TRUE COPY//
SECTION OFFICER
To,
Nj b
HIGH COUR T
DATED:01 10312023
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ORDER
CRLP.No.2C73 of 2023
ALLOWING THE( RIMINAL PETITION
o
1 issue framed by the court
Whether proceedings under IPC 188 and COTPA Section 20(2) against tobacco product offenders should be quashed based on existing higher bench precedents.
Colour shows how this judgement treated each authority
Criminal Petition No.9062 of 2021 and batch, dated 14.07.2022Relied on¶32
3 provisions across 3 enactments
Mohd Shahid
Mohd. Riyazuddin
State of Telangana
Sub-Inspector of Police, Chandanagar Police Station
K. Surender
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
