Allowed

Abboju Nitin v. The State of Telangana

Telangana HC6 Aug 2024CRLP/8873/2024

Case brief

AI extract

What is this about?

This order quashed criminal proceedings against accused persons (including No. 67, 85, 93) in a scheduled area N.D.P.S. case involving a rave party. The court held that mere presence at the scene without proof of participation or possession of prohibited substances does not attract liability under the implicated statutes.

What did the court decide?

Quashment of proceedings against petitioners in S.C. No. 5 of 2023 irrespective of earlier stay order, and sole closing of the filing criminal petition.

Abboju Nitin Vs The State of Telangana — Narcotics (NDPS) | Telangana HC (2024)

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[^338s ]

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IN THE HIGH^{COURT FOR THESTATE OF TELANGANA} . ATHYDERABAD

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TUESDAY, THE^{SIXTH DAY OF AUGUST} TWO THOUSAND^{ANDTWENTY FOUR}

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PRESENT

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THE HONOURABLE^{SMTJUSTICEK. SUJANA}

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CRIMINAL^{PETITIONNO :88730F 2024}

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Between:

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1 Abboiu Nitin. S/o Krishna^{Rao, Age 21 Years, Occupation- MedicalLab} il;;["i.'iv;.] ro-4, FS^{naJuaga"r, Dammaisuda,Hvderabad (67)}

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2 Kerke Paramble^{manu k-Reji, S/oRe.iiJoseph,Age-23 Years' Occupation-} ij;;i;";;#. Rvo oriim.ai6i,oi,^{Sai Privacolonv, opposite- rrishaBeautv} Porlori Hiderabad.(85)

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3 ValeeouDuroaKrishna,s/oVenkateshwarlu,Age-.2-3-Years,occupationau;;t" tr,tittit<iri^{u n Nagar, Mansoorabad,Hyd erabad (93)}

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...Petitioner/Accused^{No.67'85 and 93}

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AND

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1 The State of Telanoana,^{Rep. by its PublicProsecutor'High Court'} nuiJrld"irni.rsfr^{the station'Houseofficer,Narayanpur P S} YadadriBhongiri^District

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2 Ch- Subhash^{Rao, S/o not Known,Agqd- Maior, Occ- Sub lnspector of Police'} f.tarayanapurp.S.,^{Yadadri- Bhonagiri District}

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...ResPondenUResPondents

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Petition under Section^{482 of Cr'P C prayingthat in thecircumstances} stated in the^{Memorandum of Groundsof CriminalPetition' the High Courtmaybe} pi""t"A to quash the Charge^{Sheetin SC NDPS No 5 of 2023' oo the file of the} i naOttionrf^' District^{and SessionsCourt, at Bhongir, Yadadri-BhongirDistrict} against the Petitioners/Accused^{No.67, 85 and 93 herein}

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l.A- NO: 2OF 2024

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Petition under Section^{482 of Cr'P'Cpraying that in thecircumstances} stated in the^{Memorandum of Grounds of CriminalPetition' the High Courtmaybe} tL stay all further^{proieedings including attendance of the Petitioners in} ;i;;; sc NDps No.^{5 0f 2023, on the file oi the I Additional District and sessions court,} iadadri-Bhongir^{District against the Petitioner/AccusedNo 67' 85 and} 93 "ianongit, herei-n^{pending disposal of the criminal Petition'}

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This Petition coming on for hearing, upon perusing the lVtemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Donkuri Mallikarjun, Advocate for the Petitioner and Sri Arun Kumar Doddla, Additional Public Prosecutor on behalf of the Respondent No.1 none appeared for the Respondent No.2.

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The Court made the following: ORDER

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THE HONOURABLE SMT.^{JUSTICE H. SUJANA}

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CRIMINAL PET.ITION NO.8873 Of 2024

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ORDER:

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This Crinriaal Petition is^{filed underSecLion 482 of Codc} of Crirninal Procedurc, 1973^{(for short 'Cr.I'.C.') to quashthe} procccdin.r{s agaiirsi lhe petitioners/accused^{Nos.57, 85 and 93} in S.C:.NI)l'S.No.5 rif .,'023 orr the Iile of^{the I Additirilrai l)iitrlcl} and Scssir;i'rs Court, Bhongiri, Yadadri Bhongiri^District, regislerc'ct lrii- tl.e oflcrtces pur-rishable urld,lr^{SccLiotls 8(c),} 2O(b). f.),^j.;'i3t, .:rr r.-r-rii 37 of thc Narcotic^{lJruqs ;rnd} Psl,c lr..rt r-o1,r,. :jtitrs;i.rfi{icsr Act, 1985 and SecLio^{34 rcad1i'1lhI 5} oI thr: Tlliriir.,rit-r Silr[r: ]rxr:isc Act, 1968, -section^lr 1^{(b) ol} Dis:rslt-r lt4:ii.iq(:rrijrri {c1., 2UOS and Sectirln^{:3 (1) olthe} [ipi<!r:r';ril ricr:r':rs; \ct, i 8!r7 and Seciions^{1tiS anti 2q4 of thc} Irrili:,rr r i)|n.ri"',o'-. l^iji',Lr.

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'2. Ilcai:l Sli l)or.rkuri X4.r1likarjun, learrre,-i coutisel^apPe.lrirlg on trthall' 1rl t](: p('ti',ic)ncrs as lvell as Sri^{D. ArlLrlItttnhr,} learr.rl Aciii rlir,al []r-,irli,: L'rosecutor appeariug^{,lt'r bclr;-i1[.fthe} resDOndCnr. l)r,i-r rsar(i the rtcord.

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I )

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[,c:rrr,-ii i,r>urrsi'j lirr the petitioners submit.tc<] th:rr^the m.rticr is ',in,.irt lv ci.,vcrefi bv- thc oider^{d a l,{:ci :11.03.2023} ti1

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srrs,.r C.1.P.No.a8,'3 of 2024

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Crir.ninl.rI Pc]ir (r, N...1153 of 2023 .1rI(i (trrciose.i il cop.r. of the saiti rtril.:r-

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4 I-tarrrr'1 Aclriitional Publir: pr-osr:cLrtor also suitmittc,d that the issrie irr hr: 1;r'csent t:riminal pcriti.)n is r.ovc:rcd ltv tl-rc earlicr olciul rr tlti. ubove criminal petitiori

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5- Iir r,,ier, :rl tlle sai<J rcprcserrt:,.lirrn :rncl as the m,:i tler is s<;LLarel-i⁽ r)'.i'r( (l l:r 1he ,rtlcr 'l iiri. al-)l,ia a.imirral Pr tition, this, i--rirtriiuil i)^,lrlr11ri is :rllolr.rl ip [cr.tr..; .rf tlre abOV(j sairi order. aclop;il-i: lir'. ,-'i.,.)Jtilig L:.rriirirrr ri t.1,, ;,..irt^.I,il: p rr,i:, .,tdir-rgs ag:rlnsi t1:r' llti I iOnerr.s/ac,:.u:iitl l.jr:s it7, g5 alnd !t..r, in S.C.I,lIlF'S.Nrr.i .t .lt)23 (), lhc lllc i,i thc I Additicrral Districl_ and ,-j, , s, r llS,rri!;u-i. ;rcl:ri^'i iil:cr,gr; i l)is;tr r: t, arc hc:rcJt1' 611tir.ir^.11

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I)rr;.:ii:rr. i..,, iianr.,ttr.. D.tillorrs, ii -irr_v, in this CrimjnaJ Petition shetli r;srr stirnd clos,.<1,

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SD/- T JAYASREE, ASSISTANT. REGISTRAR. I I

//TRUE COPY//

SECTION OFFICER

To,

'1 . The I Additional District and Sessions Court, at Bhongir, Yadadri-Bhongir District

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The Station llouse Officer, Narayanapur^police Station, Rachakonda

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Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

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One CC to Sri Donkuri Mallikarjun, Advocate [OpUC]

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Two CD Copies

ADK

Yk-

HIGH COURT

DATED:0610812024

ORDER

CRLP.No.8873 of 2024

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I I l\l0/ 2024
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ALLOWING THE CRLP

8cedo[
ft"tt

THE HONOURABLE SRI ]USTICE K.SURENDER

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CRIMINAL PETITION No.3158 OF 2023

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ORDER:

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This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973^(for short 'Cr.P.C.) by the^petitioner- accused No.3B to quash the proceedings against him in S.C.No.5 of 2023 pending on the file of learned I Additional District and Sessions Court at Bhongir, Yadadri-Bhongir District, filed for the offences punlshable under Sections B(c), 20(b), 25,27(a),29,37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Section 34 read with Section 15 of T.S. Excise Act, Section 51(b) of Disaster Management Act, 2005, Section 3(1) of Epidemic Disease Act, 1897 and Sections 1BB and 294 of Indian Penal Code^(for short "IPCJ.

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Heard learned counsel for the^petitioner and learned Additional Public Prosecutor for the respondent Nos.1 and 2 Perused the material on record.

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The case of the 2nd respondent^- de Facto complainant is that having received the information regarding conducting an eventⁱⁿ the farm house located in the outskirts of Narayanpur Village with

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DJ sound and that several persons gathered, the police w€rnt to the premises and found 500 members participating in the event. It was found that the members were inhaling ganja, consuming alcoholic drinks, fooc and dancing to the Dl sound. The^police suspected it as a rave party. The police conducted search at the prenrises and seized 200 grams of Ganja in a cover and an iphone from the possession of accused No.2; 21 entry tickets of the rave pitrty were seized from accused No.a; (3) LSD blots from accused No.6 and black coloured iphone from accused No.7. Further, accused Nos.2 to 6 confessed the said offence of organizing a rave party and recovery panchanama was also drafted. Thereafter, the police concluded investigation and found that all the accused Nos.1 to 105 who gathered at the premises are liable under various offences punishable under penal provisions, D.M. Act and Epidemi<: Disease Act

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Learned counsel for the petitioner would submit that the petitioner is a student aged 22 years and he has nothing to do with the rave pa rty that was going on. He was apprehended on the road and falsely implicated in the said case, for which reason, the proceedings against the petitioner have to be quashed.

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On the other hand, learned Additional Public Prosecutor would submit that accused Nos.1 to 105 have violated the directions of the Government in pandemic period, for which reason, they have to be prosecuted for the above offences and it is for the trial Court to decide the complicity of the accused.

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As seen from the incident, this petitioner who was a rrayed as accused No.38 was found in the premises of farm house where the alleged rave party was going on. It is not the case that this petitioner was subjected to any tests to conform that he was either inhaling ganja or he is under the influence of alcohol. Unless police specifies as to the role played by the petitioner that he was found with any substance that was prohibited, the petitioner can be made punishable under any of the penal provisions. Mere presence of the^petitioner at the scene would not attract any of the offences alleged. Under Section 195(a)(1) of Cr.P.C., the Court is in fact prohibited from taking cognizance of offence punishable under Section 188 of IPC, unless it is filed by the concerned public servant. Since no specific role is attributed to the petitioner and assuming that the petitioner was found at the scene would not entail the prosecution of the petitioner for the offences alleged.

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Hence, the proceedings against the petitioner are liable to be quashed.

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Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner - accused No.3B in S.C.No.5 of 2023 pending on the file of learned I Additional District and Sessions Court at Bhongir, Yadadri-Bhongir District, are hereby quashed.

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Miscellaneous applications pending, if any, shall stand closed.

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K.SURENDE& J

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Date: 31.0.].2023 rev/vsu

Abboju Nitin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

Abboju Nitin v. The State of Telangana

Case brief

What is this about?

What did the court decide?

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