The High Court · 2025

1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the- State of Telangana At Hyderabad.

2. R. Kotesh, Sub-lnspector of Police, PS Golconda, Hyderabad. ...Respondents 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 call for the records relating to the c.c. No.3358 of 2021 on the file of the XVll Additional Chief Metropolitan Magistrate at Nampally, Hyderabad and quash the same l.A. NO: 2 OF 2022 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 stay all further proceedings including the appearance of the petitioner in C.C. No.3358 ot 2021 on the file of the XVll Additional Chief Metropolitan tvtagistrate at Nampally, Hyderabad, pending disposal of the criminal petition and quash the same This Petition coming on for hearing, upon perusing the l\rlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri D SUDHARSHAN, Advocate for the Petitioner and Mrs'S.Madhavi, the Assistant Public Prosecutor (TG) on behalf of the Respondent Nos' 1 and 2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.1885 of 2022 ORDER This Criminal Petition is filed under Section 4B1l of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), by the petitioner- accused No.2 seeking to quash the proceedings against him in C.C.No.3358 of 2021 on the file of the learned XVll .{dditionat Chief Metropolitan N4agistrate at Nampally, Hyderabad, arising out of Crime No.6 of 2018 of P.S. Golconda. The offences alleged against the petitioner are under Sections 42O read with 5'1 1 of lndian penal Code, 1860 (for short'lPC').

2. Heard learned counsel for the petitioner and I\4rs. S.Madhavi, learned Assistant Public Prosecutor appearing for the respondents- State. Perused the record

3. The case of the prosecution, in brief, is that on 05 01 201g, at Tolichowki, Hyderabad, while the petitioner-accused No.2, accused Nos.1 , 3 and 4 were trying to sell some substanc(t to the needy customers under the guise of Opium to gain illegal profits and cheat them, on credible information, the Police Golconda rushed to the scene, seized 5 kgs of Opium from their possession and arrested the accused. Basing on the same, a case in Crime No 6 of 201g was \1 \\ 2 legistered against the petitioner and others for the offences under Sections 8(c) r/w. 21(b) of the Narcotic Drugs and psychotropic Substances Act, 1985 (for short 'Act, 1985 ). During the course of investigation, samples were drawn and sent for chemical analysis. Basing on the FSL report that the samples do not contain any narcotic substance Section of Law was altered to Section 420 rtw. 411 of lPC. After completion of investigation, charge sheet was filed, cognizance was taken and the case was numbered as C.C.No.3358 of 2021 .

4. Learned counsel for the petitioner submits that the petitroner is innocent and has been falsely implicated in the case. The petitioner has nothing to do with the offences alleged. There are no specific allegations against the petitioner and the ingredients of offences alleged against him are not made out. Hence, he prayed to quash the proceedings against the petitioner.

5. On the other hand, learned Assistant Public Prosecutor opposed the petition stating that specific allegations are levelled against the petitioner and the truth or otherwise of the allegations levelled against the petitioner can only be known after conducting full-fledged trial before the trial Court, and hence, she prayed to dismiss the petition. 3

6. The allegation against the petitioner is that he along with other accused tried to sell some substance to the needy customers/ general public under the guise of narcotic substance (Opium) to gain illegal profits and cheat them. As per the FSL report, it is clearly evident that the contraband seized does not contaiin any narcotic substance. The investigation conducted by the Police could not identify any of the victims who have been cheated by the petitioner and none of the victims have lodged complai'rt against the petitioner. lt is not even the case of the prose,:ution that the petitioner was arrested while he was selling contraband to the needy customers. ln the charge sheet, it is stated that on receiving credible information from an informant, the Police rushed to the scene and I \ apprehended accused. However, the details of said informant were t I not stated, he was neither made as a witness nor exalmined.

7. Apart from that, there is no evidence to sho\r/ the dishonest intention on the part of the petitioner to cheat or cause wrongful loss to the needy customers/general public. Assuming that the petitioner intended to gain illegal profits by selling some substance to the needy customers/general public under the guise of narcotic drug, without any fu(her act, it would not attract offence under Section 511 of IPC. There has to be certain incriminating ac: to commit the offence and mere intention thereof do not attract the offence under \ 4 Section 511 of lPC. ln the said circumstances, the continuation of proceedings against the petitioner amounts to sheer abuse of process of the law and the same are liable to be quashed.

8. This Criminal Petition is accordingly allowed and the proceedings against the petitioner-accused No.2 in C.C.No 3358 of 2021 on the file of the learned XVll Additional Chief t\Ietropolitan Magistrate at Nampally, Hyderabad, are hereby quashed. Pending miscellaneous petitions, if any shall stand closed. Sd/- M. NAGAMANI A s ISTANT REGISTRAR To, SECTION OFFICER //TRUE COPYII

1. The XVll Addl. Chief Metrop_olitan Magistrate at Hyderabad. 2 rhe Station House offic.el colk;il;"C;il;"Si;iiJ,i, nyu"r"oro 3. one cc to sRt D SUDHARSiAN;Ad;;;;i.idiiicl o 5. Two CD Colies ' sMtsh ffi lyo""?r";l",thePublic I prosecutoi, ti"slict;,|Yo;i" strt" or reransana at ,; HIGH COURT DATED: 271OG12025 ' .lriL )\- I Iq7,." J^ (. 2 g rlJE l)n6 / ... ,.) \ \ ./:.- ' -<)7 ORDER GRLP.No.1885 ot 2022 ALLOWING THE CRIMINAL PETITION flF