Disposed

Chand Shaik Yasin v. State of Telangana

Telangana HC20 Nov 2023CRLP/5244/2018

Case brief

AI extract

What is this about?

The High Court of Telangana, in a petition under Section 482 Cr.P.C., disposed of the prayers for quashing proceedings and stay. The court dispensed with the attendance of specified accused, subject to filing an affidavit, while leaving them to appear if required. The underlying charges relate to cheating and selling spurious seeds.

What did the court decide?

Attendance of accused Nos. 3, 4, 6, 8 & 11 dispensed with subject to filing an affidavit and appearing whenever required by the Court.

Chand Shaik Yasin Vs State of Telangana — Criminal Trial and Appeal | Telangana HC (2023)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENry THREE

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PRESENT

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THE HONOURABLE SRI JUSTICE K.SURENDER

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CRIMINAL PETITION NO: 52214 OF 2018

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Between:

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thand.Shaik.Yasin, _S/o. C.-Q. Khaseem peer, Aged about 51 years, R/o. H.no. lV-2-6, Krishna Nagar, Madanapalle Town and Mandal, Chitt6or District.

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Seelamsefti Nagaraju, S/o.- Narasimhulu, aged about 42 years, R./o. H.No.g115-17-E, Easwaramma Colony, Madanapalle Town & Manaal, Chittoor District.

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Tatiparthi .G_opi, S/o. Ramu, aged about 42 years, R/o. H.No. 4-gg-E7, Chalapathi Rao colony,Madanapalle Town & Mandal, Chittoor District.

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K. [email protected] p1 Ran! Wo. K.S. Shiva, aged about 41 years, Occ: House wife, R:/o. H.No.744, Singamvaripalli, Ramaiamudram Mandal Chittoor District.

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Pasuplleti_ Reddamma, Wo. Reddappa, aged about 48 years, Occ: House wife, R:/o. Madanapalli Town and Mandal, Chiftoor District.'

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...Petitioners/Accused No. 3,4,6,8,&11

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AND

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State of Telangana, Rep. by its Public Prosecutor, High court of Judicature at Hyderabad for the state of Telangana & The state of A.p.

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Maloth Jamla, S/o, Chandru, aged about 40 1ears, Occ: Agriculture, Rl/o. Mallupalli Village, Konijerla Mandat, Khammim District(LW-1)

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...Respondents/ de-facto Complainant

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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 CC.No. 476 of 2017 on the fib of the lal Additional Judicial Magiskate of First Class at Khammam, Khammam Distict.

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l.A. NO: I OF 2018

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Petition under Section 482 ot CI.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Dispense with ttre flling of certified copy of the CC.No. 476 ot 2017 on the file of the lll Additional Judicial Magistrate of First Class at Khammam.

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l.A. NO: 2OF 2018

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Petition under Section .4g2 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds "r cri,ii"ii"p.tition, the High court may be...pleased to stay ar. .further p-"l"ai"g;"lncruding AppEARANCE the petitioners herein in cc.No476 0t'zorz on-tne"Rte ot the ,r Addr. Judiciar Magistrate of First crass' Madhira, Kh;il;';isirict pending disposar of the 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. Guttapalem vijaya Kumar, Advocate for the petitioru, "-nd^{tne puotic prosecutor (TG)on} behalf of the Respondent No.1 and None Appeared earth the person or by Advocate for the Respondent No.2

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The Court made the following: ORDER

E_*,^.., ---7/

THE HONOURABLE SRI IUSTICE K.SURENDER

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CRIMINAL PETITION No. 52t14 OF 2018

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ORDER:

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The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioners/ Accused No.3, 4, 6, 8 & 17 to quash the proceedings in C.C.No.476 ol 2017 on the file of the III Additional Judicial Magistrate of First Class, Khammam, registered for the offences under Sections 420 r/w 720-8 of Indian Penal Code and sections 19(a) and 21 of Seeds Act, 7966.

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Heard leamed counsel for the petitioners and leamed Additional Public Prosecutor appearing for the respondent-State and perused the record

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The petition is filed seeking to quash the proceedings against the petitioners/accused, who is arrayed as Accused Nos.3,4,6,8 & 11 for the offences under Sections 420 lPCr/w 120-8 of^IndianPenal Code and sections 19(a) and 21 ofSeeds Act,1966.

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This complaint was filed on the basis of the statement of^the farmers stating that these petitioners along^{with othershave induced}

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the farmers into buying spurious seeds. The said seeds were purchased, resulting in heavy losses to the farmers

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Learned counsel for the petitioners would submit that pi:titioners are controller in At'jSRTC and it cannot be said that they have anything to do with inducing of the other accused for selling seeds.

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The case is circumstantial in nature and when it is specifically stated by the farmers that these petitioners were also one of the persons, who had gone to the village and induced the farmers to buy spurious seeds, this Court under Section 482 Cr.P.C cannot decide the defence of the petitioners that they were not present along with the other accused. Nor the defence taken by the petitioners that they were only a parhler and they have nothing to do with the affairs of the selting seeds. All the said aspects of the defence can be agitated before the trail Court.

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The attendance of the petitioners- Accused Nos.3,4,6,8 & 11 are dispensed with subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their

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counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners-Accused Nos.3, 4,5,6,8 & 11 shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioncrs to appear when the Court directs, this order dispensing with their attendance shall stand cancelled.

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Accordingly, the Criminal Petition is disposed off. Needless to

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say, in the event of the petitioners filing an application seeking

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discharge if charges are not framed, the concerned Court shall dispose it of on merits within a period of four (04) weeks.

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Miscellaneous apry.,n.Tl"l1ag,,t ry, shall stand closed

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SD/-K. VENKAIAH ASSISTANT REGI^jrRAR ,,TRUE COPY'/ ,2 SECTIOIOFFICER /

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To,

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1 . The lll Additional Judicial Magishate of first Class at Khammam, Khammam district.

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Two CC's to Public Prosecutor, High Court for the State^{of Telangana at} Hyderabad [OUT].

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One CC to Sri. Guftapalem Vijaya Kumar, Advocate [OPUC]

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Two CD Copies.

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HIGH COURT

DATED:2011112023

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ORDER

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CRLP.No.5244 of 2018

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CRL PETITION IS DISPOSED OFF.

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Chand Shaik Yasin v. State of Telangana

Case brief

What is this about?

What did the court decide?

Chand Shaik Yasin v. State of Telangana

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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Case details

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