Allowed

Hasrath Ali v. The State of Telangana

Telangana HC11 Sept 2024CRLP/10755/2024

Case brief

AI extract

What is this about?

Petitioners accused under COTPA and BNS offences sought quashing of proceedings and return of seized vehicle. As both sides agreed the matter was covered by an earlier order, the court allowed the petition on those terms, quashed the proceedings, and directed return of seized property upon identification and verification.

What did the court decide?

Proceedings in Crime No. 228 of 2024 quashed; SHO/IO directed to return seized material including vehicle TS07UL68B6 on identification and verification.

Hasrath Ali Vs The State of Telangana — Quashing and FIR | Telangana HC (2024)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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WEDNESDAY ,THE ELEVENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FOUR

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PRESENT

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THE HONOURABLE SMT JUSTICE K. SUJANA

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CRIMINAL PETITION NO: 10755 OF 2024

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Between:

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Hasrath Ali, S/o Hashim Ali, Age 34 years, Occ Driver, Rl/o. Dhakendi, Malwa, Fatehpur, Uttar Pradesh.

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Babu Lala, S/o Ram Milan, Aged about 28 Years, Occ Cleaner Truck, F/o Om Bilai Oniya, Ghamghata, Sant Kabeer Nagar, Uttar Pradesh.

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...PETITIONERS/ACCUSED

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AND

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The State of Telangana, Through S. H. O. Zahirabad Town Police Station, Sangareddy District, rep. by Public Prosecutor, High Court for the State of Telangana, Hyderabad.

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...RESPONDENTS/COMPLAINANT

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Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceeding against the Petitioners/Accused No^.l to 2 in Crime. No. 228 of 2024 On the file of P. S. Zahirabad Town Police Station, Sangareddy District, and consequently direct the Police Zahirabad Town to return the sized material along with vehicle bearing lts Number TS07UL68B6 in Crime No. 228 of 2024.

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l.A. NO: 2OF 2024

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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 direct the police to return the seized material along with vehicle bearing its No TS07ULOB86 in Crime No. 228 of 2O24 on the file of p. S. Zahirabad Town Police Station, Sangareddy District to the Petitioners/Accused, 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 BURRI GRAHESH ,Advocate for the Petitioner and Sri Arun Kumar Doddla the Additional Public Prosecutor (TG) on behalf of the Sole Respondent. The Court made the following: ORDER

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THE HONOURABLE^{SMT. JUSTICEK. SUJANA} CRIMINAL PETITION No.1O755 of 2o24

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ORDER:

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This Criminal^{Petitionisfiled under Section 528} Bharatiya^{NagarikSuraksha Sanhita (for short 'BNSS) by} the petitioners/accused^{Nos.1 and 2 seeking to quashthe} proceedings^{against them in CrimeNo.228of 2024on the} file of^{ZahJrabad Town Police Station,Sangareddy} registered^{for thealleged offences punishableunder} Section^{275 of BNS, 2o(2) read with 7(21 of coTPA.}

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Heard Sri^{Burri Grahesh, learned counsel forthe} petitioners^{as well as Sri Arun KumarDoddla,learned} Additional^{Public Prosecutor forrespondentNo. l-State.} Perused^{the record-}

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Irarned^{counsel for the petitionerssubmitted that the} matter^{is squarelycoveredby the orderdated 15.04.2O24in} Criminal^{Petition No.2309 of 2O24.}

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Learned^{Additional Public Prosecutor also submittedthat} the issue^{in the present criminal petition is covered by the} earlier^{order in the abovecriminal petition.}

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In view of the said representation and as the rnatter is squarely covered by the order in the above criminal petition, this criminal petition is allowed in terms of the above said order, adopting the reasoning contained therein. The proceedings against the petitioners/accused in Crime No. 22g of 2024 on .the^{file ofZahirabad} Town^police Station, Sangareddy District, are hereby quashed. ..The Station House Olficer/investing officer is hereby directed to return the seized propert identificatiou and verification under due acknowledgment".

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Pending miscellaneous petitions, if any, in this Criminal Petition shall also stand closed.

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Sd/. V. KAVITHA ASSISTANT REGISTRAR

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NOTE: This Order is amended as^{per the} court order dated⁰¹ .10.2024^{passed in} 1 LA.No. 3 oI 2024 in Crl.P.No. 10755 of 2024 by adding a sentence to Paragraph No.5. This amended order substitutes^the earlier order despatched^{on 24.09.2024.}

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Sd/- V. KAVITHA ASSISTANT REGISTRAR

//TRUE COPY//

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