MOHAMMED HYDER KHAN Vs. K.RAMI REDDY

JUDGEMENT

(1.) The present Criminal Petition is filed under Section 482 Cr.P.C. by the petitioner/A-8, seeking to quash the proceedings in Crime No.1063 of 2019 of Banjara Hills Police Station, Hyderabad District, which was registered against the petitioner/A-8 and others for the offences punishable under Sections 328 and 188 of I.P.C. and Sections 4 and 20 (2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003.

(2.) The facts in brief are that the petitioner/A-8 is the absolute owner and possessor of Shop No.13 on the Terrace Floor admeasuring 2280 square feet including common area along with space for one car parking in the cellar in the premises named as OWNERS PRIDE No.8-2-681/BA/B1 (old), 1717 (New), Road No.12, Banjara Hills, Hyderabad. Accused Nos.1 and 2 took the said premises on lease from the petitioner/A-8 and running "Skypark". Accused Nos.1 and 2 engaged accused Nos.3 to 7 as their staff in Skypark, in which accused No.3 mixed the hookah flavours and accused Nos.4 and 5 served the same to customers, where as accused Nos.6 and 7 were observing the police movements in order to run the Hookah Business and help accused Nos.1 and 2. Accused persons serving hookah to the customers and even minors without maintaining proper records or following proper guidelines laid by the concerned authorities and many cases have been booked against accused Nos.1 and 2 and his associates/staff. As many minors, who are studying intermediate came to have hookah, accused persons allow them to consume hookah without collecting I.D.proofs and charge huge money from them, thereby leading them into intoxication and due to thrill that the minors receive due to intoxication, they are driving vehicles with high speed even though they do not have driving licence, which led to many accidents, injuries and even death of innocent people, who passed on the roads and the people who are intoxicated also committed offences like sexual abuse and harassment and led them to do unsocial activities.

(3.) Heard learned Counsel for the petitioner/A-8, learned Additional Public Prosecutor, appearing for the respondents and perused the record.