IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.1483 of 2026 Date: 20.02.2026 Between:

Mohd. Abdul Mumtaz and another.

...Petitioners AND The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad and another.

...Respondents

ORDER

This Criminal Petition is filed seeking to quash the proceedings in FIR No.282 of 2023 of Habeeb Nagar Police Station, Hyderabad, wherein the petitioners were arrayed as accused Nos.1 and 2, for the offence punishable under Section 102 of Cr.P.C.

2. Heard Mr.Deepak Misra, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondents.

3. Learned counsel for the petitioners submitted that respondent No.2 lodged a complaint against the petitioners by giving criminal colour and based on the same, present crime was registered. He further submitted the police seized the vehicle bearing No. TS-12- EV-6890 belongs to petitioner No.2/accused No.2 and also seized Rs.5,00,000/- from petitioner No.1/accused No.1, on the alleged ground of suspicion. Petitioner No.1 is the owner of the vehicle and petitioner No.2 is the owner of the cash. After seizure of the said vehicle and cash, petitioner No.2/accused No.2 approached the trial Court by filing Crl.M.P.No.1359 of 2025, seeking return of the cash and the said application was erroneously dismissed on

08.09.2025.

4. As seen from the complaint, the vehicle and the amount were seized merely on the basis of suspicion. There is no mention of any specific penal provision that has been committed and Section 102 of Cr.P.C was mentioned in the FIR, which empowers the Police officials to seize property alleged or suspected to be stolen or found under suspicious circumstances indicating the commission of an offence.

5. As there is no penal provision mentioned in the FIR, the proceedings in Crime No.282 of 2023 of Habeeb Nagar Police Station, Hyderabad, against the petitioners/accused Nos.1 and 2 are hereby quashed. However, quashing of the FIR will not preclude the Police, if they find that the vehicle and cash seized pertain to any crime.

6. Accordingly, the criminal petition is disposed of. It is needless to mention that the petitioners/accused Nos.1 and 2 are granted liberty to file necessary application before the concerned Court along with relevant proof that the seized property was not procured out of any crime proceeds.

Miscellaneous applications, pending if any, shall stand closed.

____________________________ JUSTICE J. SREENIVAS RAO

20.02.2026

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THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.1483 of 2026 Date: 20.02.2026 fm