Dismissed

Penumati Eshwar, Warangal Dist. v. the State of Telangana, Rep. by Its P.P., Hyd

Telangana HC8 Dec 2023CRLP/6437/2014

Case brief

AI extract

What is this about?

The Criminal Petition seeking quashing of criminal proceedings related to narcotics possession was dismissed. The High Court directed the trial court to complete the trial expeditiously within three months and dispensed with the petitioner's appearance.

What did the court decide?

Trial to be completed within three months; appearance of petitioner dispensed with pending trial.

Penumati Eshwar, Warangal Dist. Vs the State of… — Narcotics (NDPS) | Telangana HC (2023)

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THE HIGH COURT^{FOR THE STATE OF TELANGANA} AT HYDERABAD

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FRIDAY THE EIGHTH DAY OF^DECEMBER TWO THOUSAND AND TWENTY^THREE

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PRESENT

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THE HONOURABLE SRIJUSTICE^{E.V. VENUGOPAL}

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CRIMINAL PETITIO^{N NO: 6437 OF 2014}

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Between:

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PENUMATI ESHWAR, S/o. Somaiah Occ^{Business Eshwar I} Enterprises, Thorrur R/o.^{ThorruruVillage and Mandal Warangal} District

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...PETITIONER/ACCUSED NO.2

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AND

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THE STATE OF TELANGANA,^{Representedby its Public} Prosecutor High Court at Hyderabad^{for the State of Telangana} and for the state ofAndhra^{Pradesh,at Hyderabad}

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...RESPONDENT; .

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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 call for the records relating to the C.C.No. 137 of 2014 on the file of the court of Judicial First Class Magistrate, Thorrur - Warangal District and quash the proceedings in C.C.No.137 of 2O14

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l.A. NO:1 OF 2014(C BLPMP. NO: 5950 OF 20141

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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 stay all further proceedings including appearance of the petitioner in the C.C.No. 137 of 2Oj4 on the file of the court of the Judicial First class Magistrate, Thorrur: Warangal District, pending the disposal of the criminal petition

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.t;: la. : .!' l'^.ii l -i :o

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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 A PRABHAKAR RAo ,Advocate for the petitioner and the Public Prosecutor (TG) on behalf of the Sole Respondent.

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE E. V. VENUGOPAL

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c PETITION No.6437 0F 2014

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ORDE R:

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This criminal petition is filed seeking to quash the proceedings in C.C.No. l3T of 2Ol4 on the file of Court of Judicial First Class Magistrate, Thorn:r, Warangal District.

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Heard the learned counsel for the petitioner and Mr VizaraLh Ali, learned Assistant public prosecutor appearing for respondent State.

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The brief facts of the case are that the Sub Inspector of police gave a report dated 1.6.2013 stating that while he was conducing vehicle checking along with his staff in Thorrur village, one Bhukya Bixam was found coming with a white can rrom Dubba Thanda to Thorrur side and tried to escape on seeing the police. On apprehension he was found with 1O litres of gudumba. On securing two mediators seLed the white can and he disclosed that he is making gudumba and selling in the neighbouring villages by taking Jaggery and alam from Eshwar and Upender shops at Thorrur and they proceeded to the shop of A2, Eshwar escaped from there but on search found 334 Black jaggery (buttalu each 25 kgs) and 15 gunny bags of alam each weighing

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4O kgs and conducted seizure panchanama and taken samples from seized portion and pasted panch chits signed by the mediators. Later they went to the A3, Goparapu upender shop nea,r Wa.rangal road. However, Goparapu upender escaped from there but on search found 440 blackjaggery gunny bags and 156 gunny bags of Alam and conducted seizure panchnama and taken samples from seized portion and pasted the panch chitties on the locks of the shops. Aggrieved thereby, respondent filed the present complaint.

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Learned counsel for the petitioner contended that this case is pending since qr.rite long time and the petitioner herein has been purchasing jaggery under bills and transporting the same to his place of business and the said sale is not an offence punishable under A.P.Excise Act. Therefore, seeks to allow the Criminal Petition.

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Learned Assistant Public Prosecutor submitted that due to the stay in this Court the proceedings in C.C.No. 137 ot 2Ol4 on the file of the Court of Judicial First Class Magistrate, Thorrur, Warangal District has been stalled and there is no progress. He further stated that only upon conducting a full-fledged trial, the real truth would be elicited and the interference from this Court,

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at this stage, is unwarranted. Therefore,^{seeks to dismiss the} Criminal Petition.

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Having regard to the submissions made by^{the learned} counsel, this Court is of the^{view that the matterrequires} adjudication at length and only upon conducting^{a full-fledged} trial, the real truth would be elicited.^{Sincethe matter is pending} from nine long years, the trial Court^{is directedto completethe} trial, as expeditiously as^{possible, preferablywithin a periodof} three months from the date of^{receiptof a copy of the order.The} appearance of the^{petitionerbelore the trial Court is dispensed} with unless and until required.

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1S 7. With the above observations^{the criminal petition}

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disposed of.

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Miscellaneous Petitions,^{pendingif any, shall stand clos-ed.} sD/- T.VIJAY^KUM4R ASSISTANT^REGISTRAR fl \/ //TRUE^COPY// \l

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SECTION^OFFICER

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To,'-i. rr," Judicial First class Magistrate, Thorrur - warangal District 2. The Station^{HouseOffice''piticeStationThorrur' Warangal}

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o.L cct"^{sRl A PRABHAKARRAo Advocate IoPUC]} ;. i;; ccs^{to tre puat-ic PRoSECUToR'High court for the State} of Telangana^{at HYderabad [OUT]}

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Two^{CD CoPies} AA*'CX$..

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HIGH COURT

DATED:0811212023

ORDER

CRLP.No.6437 of 2014

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THE CRIMINAL PETITION

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IS DISPOSED OFF

Penumati Eshwar, Warangal Dist. v. the State of Telangana, Rep. by Its P.P., Hyd

Case brief

What is this about?

What did the court decide?

Penumati Eshwar, Warangal Dist. v. the State of Telangana, Rep. by Its P.P., Hyd

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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