MOHAMMED JAHANGIR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed by the petitioner-accused No.3 seeking to quash the criminal proceedings against him in C.C.No.624 of 2021 on the file of the learned Junior Civil Judgecum-Additional Metropolitan Magistrate at Hayathnagar. The offence alleged against the petitioner is under Sec. 411 of the Indian Penal Code (for short 'IPC').

(2.) Heard Sri Siddharth Pawar, learned counsel representing M/s. Mohd Muzaferullah Khan, learned counsel for the petitioner and Smt.S.Madhavi, learned Assistant Public Prosecutor for the State-respondent No.1. No representation on behalf of the respondent No.2. Perused the material available on record.

(3.) In brief, the case of the prosecution is that accused No.2 is engaged in the scrap business and cell tower-related works, and accused No.3 is known to accused No.2. On 6/7/2021 at about 1700 hours, while accused No.2 was proceeding towards Narkatpally in a trolley engaged by him at Thorrur X Road, Hayathnagar, he noticed two individuals in possession of RF cables. Accused No.2, with an intention to make easy money, inquired about the cables. One of the individuals, i.e. accused No.1, informed him that the RF cables were stolen and offered to sell them. Accused No.2 purchased the cables from accused No.1 and loaded them into the said trolley. While on route, accused No.2 contacted accused No.3 over the phone and requested him to purchase the scrap. Accused No.3, along with two labourers, arrived at the location and transferred the RF cables into a truck bearing No.TS 09 UC 9175 belonging to him. At about 2230 hours, when accused Nos.2 and 3 reached near Word and Deed School, they were apprehended by the police. Based on the above facts, the accused No.1 is alleged to have committed an offence punishable under Sec. 379 of IPC, and accused Nos.2 and 3 are alleged to have committed an offence punishable under Sec. 411 of IPC.