THE COURT HAS THE POWER TO QUASH CRIMINAL PROCEEDINGS IF IT FINDS THAT THE PROCEEDINGS ARE MALICIOUS, VEXATIOUS, OR OPPRESSIVE.

ORDER:

Th s Criminal Petition under Section 482 r:t'the Code of I Criminal Procr dure, 1973 (for short 'Cr.P.C.), is fileri by the petitioner to qrrash the proceedings in C.C.No.744Lo' 1r-021 pending V on the file of Additional Metropolitan Magistrate, H,rderabad.

2 Th: petitioner/accused herein is dccusrrcl in the said crime. The off :nces alleged against him are under So(:tions 272 and I

273 of Indian >enal Code (for short "IPC) and Section 20(2) of the Cigarettes and other Tobacco Products (Prohibition of ltdvertisement and Regulatior of Trade and Commerce, Productic,n, Supply and Distrlbution) A( t, 2003 (for short'COTP Act).

3 Heard learned counsel for the petitionor,/acc:used and learned Additicnal Public Prosecutor for the respondents. Perused the record.

4.

Pe'usal of the record would reveal that :he /ls involved in this case hed already been dealt with by this Ccurt extensively vide common ,rrder dated 05.97.202 -t in Crl.P. No.95 of 2023 and .e':-^

-'

Crl.Petition No.95 of 2023 batch which was reported in Mohd. Jameel Ahmed v. State of Telanganal and also vide common order dated 10.06.2022 in Crl.P.No.5619 of 2020 and batch.

5. Therefore, this Crimlnal Petition is allowed quashing the proceedings in C.C.No.744l of 202L, pending on the file of VI Additional Metropolitan Magistrate, Hyderabad, in terms of the common order, dated 05.07.202L passed by this Court in Mohd. Jameel Ahmed (Supra) and also common order dated L0.06.2022 in Crl.P.No.95 of 2023 and batch.

6. As the proceedings in the aforesaid submissions are the the quashed against petitioner, Station House Officer/Investigating Officer is hereby directed to return the seized property/vehicle on proper identification and verification of ownership under due acknowledgment. In case charge sheet is already filed the petitioner is at liberlry to file appropriate application before the concerned Magistrate for return of the seized property/vehicle and the Magistrate shall consider the same in accordance with law. However, it is made clear that if the seized stock of tobacco products or other products are expired, the same |

2022 crL! 6qz.

Crl.l,rrtltion No.95 of 2023.

shall be desr royed by taking permission from the concerned Magistrate.

7. Tle copy of the common orders passed by thrs Court in Crl.Petition No 152 of Z02O and batch on 05.07.2021 and also in Crl.Petition No 5619 of 2020 on 10.06.2022, shall form part of this order.

As a sequel thereto, Miscellaneous petitions, if any, pending in the lriminal petition stand closed.

Sd/.N.SRIHARI AS$TSTANT REGTSTFAR COPY// /

//TRUE \ ',V SECTION OFFICER To, 1. The VI Additi rnal Metropolitan Magistrate-cum-Judicial frrst Class Magistrate(Suecial Mobile)-cum-Vl Additional Junior Ci'ril Judge, Rachakonda at LB.Nagar

2. The Station I louse Officer, Saroornagar Police Station, {iirroornagar, Hyderabad

3. Two CCs to I re Public Prosecutor, High Court for the Sta1.e of Telangana at Hyderabad. [)UT]

4. One CC to S i Kadiyam Neelakanteswara Rao, Advocate [OPUC]

5. Two CD Cop es plp HIGH COUR..

DATED:0510'',12023 , i1i-t: s'rA

14- a /

iu fl 2 ri3 l( 2023 c) ,l ORDER \i CRLP.No.95 of 2023

I I I I I

DISPOSING OF THE CRIMINAL PETITII]N ):,