THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11215 of 2025

ORDER:

This Criminal Petition is filed seeking quashment of the proceedings against the petitioner/accused No.1 in S.C.No.1 of 2025 on the file of the I Additional District and Sessions Judge, Vikarabad.

2. Heard Mr.S.M.Saifullah, learned counsel for petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioner submits that initially a complaint was lodged under Section 338 read with 34 of I.P.C. and subsequently while filing the charge sheet the police cooked up a story that the petitioner is involved in the offences under the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short “the NDPS Act”) and also added Section 307 of I.P.C. He further submits that the petitioner is innocent and he is no way concerned with the alleged offences and since the complainant is Sub- Inspector of Police the entire story was cooked up against the petitioner and therefore prayed to quash the proceedings against the petitioner.

4. Learned Additional Public Prosecutor submits that contraband was seized from the possession of the petitioner and that the ingredients under Sections 338 and 307 of I.P.C. are also made out against him. He further submits that the police collected injury certificate and F.S.L. report confirming that the contraband, which was seized from the petitioner is ganja which is a narcotic substance and therefore, prayed to dismiss the Criminal Petition.

5. Perused the record.

6. The petitioner is facing trial for the offences punishable under Sections 338 and 307 read with 34 I.P.C. and Section 8 (c) read with 20 (b) II (A) of the NDPS Act and Sessions Case is pending before the I Additional District and Sessions Judge, Vikarabad.

7. In the facts and circumstances of the case, this Court deems it appropriate to direct the I Additional District and Sessions Judge, Vikarabad to dispose of S.C.No.1 of 2025 at the earliest. Further, the attendance of the petitioner/ accused No.1 before the trial Court is dispensed with, except on the dates when his presence is specifically required by the Court. However, the petitioner shall be represented by his counsel on every date of hearing.

8. Accordingly, this Criminal Petition is disposed of.

Miscellaneous applications pending, if any, shall stand closed.

_________________________________ JUSTICE TIRUMALA DEVI EADA

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