Sri Mohd .Nizamuddin

VII Addl. Chief Metropolitan Magistrate

HYD, Criminal Court Complex · Hyderabad · Telangana

Sri Mohd .Nizamuddin, VII Addl. Chief Metropolitan Magistrate, is posted at HYD, Criminal Court Complex, Hyderabad, Telangana, India. 1,795 court orders on record since 2011. 5 judgments with full text available. Primarily handles CC, PRC cases.

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CC/800721/2015 Acquitted

State P.S Malakpet vs Syed Sayeed Hussain @ Lamba

23 Feb 2016

IN THE COURT OF THE VII ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE HYDERABAD

Present: Sri Md. Nizamuddin, B.Com., LL.M., VII Addl. Chief Metropolitan Magistrate, Hyderabad

TUESDAY THE TWENTY THIRD DAY OF FEBRUARY

TWO THOUSAND AND SIXTEEN

C.C.No.721/2015 Between:

The State through the Sub-Inspector of Police Police Station, Malakpet Hyderabad.

…............Complainant

And

1. Syed Sayeed Hussain @ Lamba Hussain @ Lamba, s/o.late Syed Muzaffar @ Rafiq, aged 27 years, occ: Cell phone repairer and Car driver, R/o.H.No.19-2-21/23/54/A, Nawab Sab Kunta, Basarathnagar, Jahanuma, Hyderabad.

2. Mirza Azmath Ali Baig @ Ali, s/o. Mirza Osman Ali Baig, aged 22 years, occ: Plastic Grinding Business at Bahadurpura, r/o.19-4- 278/B/14/A, Nawab sab kunta, Kalapather, Hyderabad.

….... ..Accused No.1 and 2

This case is coming on before me in the presence of Assistant Public Prosecutor for the State and Sri E.Venunath, advocate for the accused and having stood over for determination till this day, this court delivered the following:-

J U D G M E N T

1.The Sub-Inspector of Police, Police Station, Malakpet Hyderabad has filed the charge-sheet in Cr.No.517/2014 against the accused No.1 and 2 for the offence punishable under Section.382 IPC.

2.The case of the prosecution is that on 29-10-2014 at 1130 hrs, while PW.1-A.Nagaratnamma was returning home and reached

Shalivahana nagar, Hyderabad, accused No.1 and 2 came there on a two wheeler and snatched away her MO.1 gold chain from her neck. She went to the police station, Malakpet and lodged Ex.P.1-Complaint. On the basis of the Ex.P.1 lodged by PW.1, Police Malakpet have registered a case in Cr.517/2014, under section 382 IPC. During the course of investigation, statements of the witnesses were recorded. MO.1 was seized from the possession of accused No.1 in the presence of PW.3-

Md.Khan and another under confession cum seizure panchanama conducted by PW.4-N.Shankar, Detective Inspector of Police, SR.Nagar police station, Hyderabad at the relevant time along-with other property.

Accused No.1 and 2 were arrested and produced before the court on execution of Prisoner's Transit Warrant in this case. After completion of investigation, Sub Inspector of Police, Police Station Kanchanbagh filed charge sheet against the accused No.1 and 2 for the offence under section 382 IPC.

3.This court took cognizance for the offence punishable under section 382 IPC against the accused No.1 and 2.

4.On production of the accused No.1 and 2, they were furnished with the copies of documents under section 207 Cr.P.C.

5. The accused No.1 and 2 were examined under Section 239

Cr.P.C for the offence punishable under section 382 IPC, after hearing both sides, a charge for the offence punishable under Sec.382 IPC was framed, read over and explained to them in Urdu, who have pleaded not guilty and claimed to be tried.

6. To prove the case of the prosecution PWs.1 to 4 were examined and Ex.P.1 to P6 and MO.1 were marked. PW.1- A.Nagaratnamma, is the defacto complainant and the victim, PW.2 – S.Naresh, the then Sub-

Inspector of Police who received complaint and issued First Information

Report, PW.3- Mohd. Khan is the panch for Confession cum seizure panchanama and PW.4- N.Shanker Detective Inspector, Police Station

S.R.Nagar is the main investigating officer. Ex.P.1 is the complaint, Ex.P.2 is the First Information Report, Ex.P.3 is the certified copy of confession cum seizure panchanama of accused No.1, Ex.P.4 is the certified copy of confession cum seizure panchanama of accused No.2, Ex.P.5 is the relevant portion in Ex.P.3. Ex.P.6 is the relevant portion in Ex.P.4 for seizure of MO.1. MO.1 is the gold chain.

7. After closure of the prosecution evidence, accused No.1 and 2 were examined under sec.313 Cr.P.C, they denied the incriminating evidence put to them and reported no defence evidence.

8.Heard both sides.

9The point for determination is, whether the prosecution has established its case against the accused No.1 and 2 for the offence punishable under Sec 382 of IPC beyond all reasonable doubt?

10 Point

The evidence of PW.1 is to the effect that at the relevant time when she was reaching near to her house, two persons went there and snatched away MO.1 from the neck of PW.1, as such PW.1 lodged Ex.P.1 complaint to the police. According to PW.1 after recovery of MO.1 she took it as interim custody. These factors clearly go to establish that there was theft of MO.1 from the neck of PW.1 at the relevant time.

11.The role of PW.2 the Investigating officer is about receiving

Ex.P.1 from PW.1 registering the case, issuing Ex.P.2, recording the statements of witnesses, filing of petition for Prisoner's Transit Warrant, receiving and depositing of MO.1 and filing of charge sheet.

12. Regarding the identity of the accused, PW.1 has deposed that she cannot identify the person who snatched away MO.1 from her neck.

13.In this case, PW.3-Md.Khan is an independent panch witness for separate confession cum seizure panchanamas of the accused No.1 and 2 herein. He has clearly deposed that about one year back, when he was at Gulzar Houz, he was summoned by PW.4, where he found accused No.1 and 2 herein who confessed that they committed chain snatching in this case and other cases, as such, PW.4 has seized MO.1 from the possession of accused No.1.

14. Similarly, PW.4, who is the main investigating officer has also deposed that on 16-12-2014 at 4-00 PM, he apprehended the accused herein and another at Gulzar Houz, Hyderabad and accused No.1 has voluntarily confessed about the present case and other cases, as such, he seized MO.1 from the possession of accused No.1 under Ex.P.3 and P.5 in the presence of PW.3. PW.3 and 4 have clearly identified the accused No.1 herein, from whose possession MO.1 was seized. I do not see any reason to disbelieve their evidence as far as the identity of the accused No.1 is concerned and also recovery of MO.1 from his possession. The complicity of accused No.2 is also established. However, since prosecution has not established that the accused has caused hurt to the victim, or prepared to cause hurt, the ingredients of section 382 IPC are not attracted.

15. The accused did not account for the possession of the MO.1, therefore a presumption has to be drawn under section 114(a) of Indian

Evidence Act that the accused was in possession of MO.1 which is a stolen property. In view of these factors, I hold that prosecution has failed to establish its case against the accused for the offence under section 382

IPC, hence I find the accused are not guilty for the said offence. However, prosecution has established its case against the accused No.1 and 2 for the offence under section 411 IPC, hence I find the accused are guilty for the offence under section 411 IPC.

Typed to my dictation, corrected, pronounced and signed by me in the open court on this the 23rd day of February 2016

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

16. Accused are examined under section 248(2) Cr.P.C and are questioned as regards quantum of sentence. Accused have submitted that they are acquitted by other courts basing on the same panchanama and prayed to take a lenient view.

17In view of the submission of the accused and the nature of the offence, I hold that it is not a fit case to apply the provisions of Probation

Of offenders Act. However, a lenient view can be taken, while imposing punishment against the accused.

18. In the result, accused are found not guilty for the offence under section 382 IPC and are acquitted under section 248(1) Cr.P.C for the said offence. The accused are found guilty for the offence under section 411

IPC, they are convicted under sec.248(2) Cr.P.C, and sentenced to undergo simple imprisonment for a period of one year. The remand period already undergone by the accused w.e.f.7-1-2015 till date shall be given set off. The sentence imposed in this case and in CC.472/2015,

CC.551/2015, CC.320/2015, CC.364/2015, CC.372/15, CC.319/15,

CC.473/15 and 362/15 shall run concurrently. MO.1 which was already

given to the victim for interim custody shall be retained by her.

Typed to my dictation, corrected, pronounced and signed by me in the open court on this the 23rd day of February 2016

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD.

APPENDIX OF EVIDENCE

FOR PROSECUTION: FOR DEFENCE: NIL

PW.1 – A.Nagaratnamma

PW.2 – S.Naresh

PW.3 - Mohd. Khan

PW.4 - N.Shanker

EXHIBITS MARKED

FOR PROSECUTION: FOR DEFENCE: Nil

Ex.P.1 Complaint,

Ex.P.2 First Information Report,

Ex.P.3 Certified copy of confession cum seizure panchanama of accused

No.1.

Ex.P.4 Certified copy of confession cum seizure panchanama of accused

No.2.

Ex.P.5 Relevant portion in Ex.P.3.

Ex.P.6 Relevant portion in Ex.P.4 for seizure of MO.1.

Mos MARKED

MO.1 Gold chain.

Sd/-

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

CC/800105/2016 Acquitted

excise malakpet vs Eslavath Rukka

18 Feb 2016

IN THE COURT OF THE VII ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE HYDERABAD

Present : Sri Md. Nizamuddin, B.Com., LL.M., VII Addl. Chief Metropolitan Magistrate, Hyderabad

THURSDAY THE EIGHTEENTH DAY OF FEBRUARY

TWO THOUSAND AND SIXTEEN

C.C.NO. 105/2016

Between :

The State through the Sub-Inspector of Prohibition and Excise, Malakpet, Hyderabad.

.... Complainant

And

1.Eslavath Rukka w/o. Eslavath Govind, aged about 35 years, r/o H.No.17-1- 391/S/B19,S.R.Colony,Saidabad, Hyderabad.

2. Eslavath Govind , s/o. Eslavath Laliya, aged about 40 years, r/o H.No.17-1- 391/S/B19,S.R.Colony,Saidabad, Hyderabad..

…... Accused No.1 and 2

This case is coming on before me for final hearing and disposal in the presence of the Assistant Public Prosecutor for the Complainant and Sri T.Kondanna, Counsel for the accused and the matter having stood over for determination till this day this court delivered the following :-

J U D G M E N T

1.The Sub-Inspector of Prohibition and Excise, Malakpet has filed charge-sheet against the accused for the offence punishable under Section 7-A r/w.8(e) of A.P. Prohibition Act, 1995 (in short “the Act”).

2The case of the prosecution is that on 18-9-2015 at 7-30 AM on reliable information about the sale of illicitly distilled liquor at H.No.17-1- 391/S/B19, Singareni colony, Saidabad, Hyderabad PW1- D.Shankar,

Prohibition and Excise Sub Inspector, Malakpet, Hyderabad along_with staff proceeded to the spot and found accused No.1 selling illicitly distilled liquor on the instruction of accused No.2. On search he found 556 sachets each 100 ml of illicitly distilled liquor in their possession. He conducted

Ex.P.1-seizure panchanama in the presence of U.Srinivas, (listed witness

No.1), and K.Ramulu (listed witness No.2) and seized 556 sachets of illicitly distilled liquor from her possession. He had drawn two samples for 2 analysis, returned to the Excise Station and registered a case in

COR.No.250/2015-16, under sec. 7-A r/w. 8(e) of the Act and issued

EX.P.2 Crime and Occurrence report. He arrested the accused No.1 and produced her before the court for judicial custody. He has deposited the remaining property before Dy. Commissioner of Prohibition and Excise for confiscation. Accused No.2 surrendered before the court on 3-11-2015.

After receipt of chemical analysis report Ex.P.3, stating that the sample is illicitly distilled liquor he filed the charge sheet against the accused No.1 and 2 for the offence punishable under Sec. 7-A r/w.8(e) of the Act.

3.This court took cognizance of the offence punishable under Sec. 7-

A r/w.8(e) of the Act against the accused No.1 and 2.

4.On appearance of the accused No.1 and 2 before this Court, they were furnished with the copies of documents as required under Sec.

207 Cr.P.C.

5.The accused were examined under Sec. 239 Cr.P.C and after hearing both sides, a charge for the offence punishable under Sec. 7-A r/w.8(e) of the Act was framed, read over and explained to them in

Telugu, who have pleaded not guilty and claimed to be tried.

6. To prove the case of the prosecution, PW.1 was examined and

Ex.P.1 to P.3 were marked. PW1- D.Shankar is the Prohibition and Excise

Sub Inspector, who is the investigating officer. Ex.P.1 is the seizure panchanama, Ex.P.2 is the Crime and occurrence Report and Ex.P.3 is the

Chemical Analyst report.

7.After closure of the prosecution evidence, the accused No.1 and 2 were examined u/s.313 Cr.P.C for which, they denied the incriminating evidence put to them and stated that they have no defence evidence.

8.Heard both sides.

9The point that arise for determination is, whether the prosecution has established its case against the accused No.1 and 2 for the offence u/s.7(A) r/w. 8(e) of the Act, beyond all reasonable doubt?

3 10 Point:

It is the evidence of PW1- D.Shankar, Prohibition and Excise Sub

Inspector, Malakpet, Hyderabad that on 18-9-2015 at 7-30 AM on reliable information about the sale of illicitly distilled liquor at H.No.17-1- 391/S/B19, Singareni colony, Saidabad, Hyderabad he along_with staff proceeded to the spot and found accused No.1 selling illicitly distilled liquor on the instruction of accused No.2. On search he found 556 sachets each 100 ml of illicitly distilled liquor at the said place. He conducted

Ex.P.1 seizure panchanama in the presence of the U.Srinivas and K.Ramulu and seized illicitly distilled liquor from her possession. He had drawn two samples for analysis, returned to the station and he registered a case in

COR.No.250/2015-16, under sec. 7-A r/w. 8(e) of the Act and issued

EX.P.2 Crime and Occurrence report. He arrested the accused No.1 and produced her before the court for judicial custody. Accused No.2 surrendered before the court on 3-11-2015. He has deposited the remaining property before Dy. Commissioner of Prohibition and Excise for confiscation. After receipt of chemical analysis report Ex.P.3 stating that the sample is illicitly distilled liquor he filed the charge sheet against the accused No.1 and 2 for the offence punishable under Sec. 7-A r/w.8(e) of the Act.

11.In this case though opportunity was given, prosecution did not examine both the independent witnesses. Apart from that one of the the panch witnesses is not from the place of offence. Further, no cash, tumbler and eatables were seized from the spot to show that the accused was selling illicitly distilled liquor. In view of these factors, it is not safe to rely on the evidence of PW.1. Hence I hold that the prosecution has failed to establish its case against the accused for the offence punishable under

Sec. 7-A r/w.8(e) of the Act. Hence I find the accused No.1 and 2 are not guilty of the offence punishable under Sec. 7-A r/w.8(e) of the Act.

12. In the result, the accused No.1 and 2 are found not guilty for the offence punishable under Sec. 7-A r/w.8(e) of the Act and are acquitted under Sec. 248 (1) Cr.P.C for the said offence. The bail bonds of the accused No.2 shall stand cancelled after six months as per the provisions under Sec. 437(A) Cr.P.C.

Typed to my dictation by the Personal Assistant, corrected,

pronounced and signed by me in the open court on this the 18th day of

February, 2016.

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

APPENDIX OF EVIDENCE

FOR PROSECUTION:FOR DEFENCE: NIL

PW1 D.Shankar

EXHIBITS MARKED

FOR PROSECUTION:FOR DEFENCE: NIL

Ex.P.1 Seizure panchanama Ex.P.2 Crime and Occurence Report Ex.P.3 Chemical analysis Report

MOS MARKED

NIL

Sd/-

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

CC/800107/2016 Acquitted

excise malakpet vs Nenavath Sali

19 Feb 2016

IN THE COURT OF THE VII ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE HYDERABAD

Present : Sri Md. Nizamuddin, B.Com., LL.M., VII Addl. Chief Metropolitan Magistrate, Hyderabad

THURSDAY THE NINETEENTH DAY OF FEBRUARY

TWO THOUSAND AND SIXTEEN

C.C.NO. 107/2016

Between :

The State through the Sub-Inspector of Prohibition and Excise, Malakpet, Hyderabad.

.... Complainant

And

Nenavath Saali, w/o. Dhan singh, aged about 35 years, r/o. Khaja bagh, saidabad, Hyderabad.

…... Accused

This case is coming on before me for final hearing and disposal in the presence of the Assistant Public Prosecutor for the Complainant and Sri.H.Sudesh, Kumar Counsel for the accused and the matter having stood over for determination till this day this court delivered the following :-

J U D G M E N T

1.The Sub-Inspector of Prohibition and Excise, Malakpet has filed charge-sheet against the accused for the offence punishable under

Section 7-A r/w.8(e) of A.P. Prohibition Act, 1995 (in short “the Act”).

2The case of the prosecution is that on 8-10-2015 at 6-00 PM on reliable information about the sale of illicitly distilled liquor infront of a hut at Khaja bagh, Saidabad, Hyderabad PW1- D.Shankar, Prohibition and

Excise Sub Inspector, Malakpet, Hyderabad along_with staff proceeded to the spot and found the accused selling illicitly distilled liquor.On seeing

PW-1 the accused ran away. On search he found (156) sachets each 100 ml of illicitly distilled liquor at the spot. He conducted Ex.P.1-seizure panchanama in the presence of U.Srinivas, (listed witness No.1) and

K.Ramulu (listed witness No.2) and seized (156) sachets of illicitly distilled liquor from the spot. He had drawn two samples .He returned to the

Excise Station and he registered a case in COR.No.275/2015-16, under sec. 7-A r/w. 8(e) of the Act and issued EX.P.2 Crime and Occurrence report. He arrested the accused on 09-10-2015 and produced before the 2 court for judicial custody. He has deposited the remaining property before

Dy. Commissioner of Prohibition and Excise for confiscation. After receipt of chemical analysis report Ex.P.3 stating that the sample is illicitly distilled liquor he filed the charge sheet against the accused for the offence punishable under Sec. 7-A r/w.8(e) of the Act.

3.This court took cognizance of the offence punishable under Sec.

7-A r/w.8(e) of the Act against the accused.

4.On appearance of the accused before this Court, she was furnished with the copies of documents as required under Sec. 207 Cr.P.C.

5.The accused was examined under Sec. 239 Cr.P.C and after hearing both sides, a charge for the offence punishable under Sec. 7-A r/w.8(e) of the Act was framed, read over and explained to her in Telugu, who has pleaded not guilty and claimed to be tried.

6. To prove the case of the prosecution, PW.1 was examined and

Ex.P.1 to P.3 were marked. PW1- D.Shankar, is the Prohibition and Excise

Sub Inspector, who is the investigating officer. Ex.P.1 is the seizure panchanama, Ex.P.2 is the Crime and occurrence Report and Ex.P.3 is the

Chemical Analyst report.

7.After closure of the prosecution evidence, the accused was examined u/s.313 Cr.P.C for which, she denied the incriminating evidence put to her and stated that she has no defence evidence.

8.Heard both sides.

9The point that arise for determination is, whether the prosecution has established its case against the accused for the offence u/s.7(A) r/w. 8(e) of the Act, beyond all reasonable doubt?

10 Point:

It is the evidence of PW1- D.Shankar, Prohibition and Excise Sub

Inspector, Malakpet, Hyderabad that on 8-10-2015 at 6-00 PM on reliable information about the sale of illicitly distilled liquor at the spot 3 referred to above at Khaja bagh, Saidabad, Hyderabad he along_with staff proceeded to the spot and found the accused selling illicitly distilled liquor and she ran away on seeing PW1. On search he found (156) sachets each 100 ml of illicitly distilled liquor at the said place. He conducted Ex.P.1 seizure panchanama in the presence of U.Srinivas and K.Ramulu and seized illicitly distilled liquor from the spot. He had drawn two samples for sending the same for analysis. He returned to the station and he registered a case in COR.No.275/2015-16 under sec. 7-A r/w. 8(e) of the

Act and issued EX.P.2 Crime and Occurrence report. He arrested the accused on 9-10-2015 and produced before the court for judicial custody.

He has deposited the remaining property before Dy. Commissioner of

Prohibition and Excise for confiscation. After receipt of chemical analysis report Ex.P.3 stating that the sample is illicitly distilled liquor he filed the charge sheet against the accused for the offence punishable under Sec.

7-A r/w.8(e) of the Act.

Sec. 7-A r/w.8(e) of the Act. Hence I find the accused not guilty of the offence punishable under Sec. 7-A r/w.8(e) of the Act.

12. In the result, the accused is found not guilty for the offence punishable under Sec. 7-A r/w.8(e) of the Act and is acquitted under Sec.

248 (1) Cr.P.C for the said offence. The bail bonds of the accused shall stand cancelled after six months as per the provisions under Sec. 437(A)

Cr.P.C.

Typed to my dictation by the Personal Assistant, corrected,

pronounced and signed by me in the open court on this the 19th day of

February, 2016.

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

APPENDIX OF EVIDENCE

FOR PROSECUTION:FOR DEFENCE: NIL

PW1 D.Shankar

EXHIBITS MARKED

FOR PROSECUTION:FOR DEFENCE: NIL

Ex.P.1 Seizure panchanama Ex.P.2 Crime and Occurence Report Ex.P.3 Chemical analysis Report

MOS MARKED

NIL

Sd/-

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

CC/800108/2016 Acquitted

excise malakpet vs Islavath kesiya nayak

19 Feb 2016

IN THE COURT OF THE VII ADDITIONAL CHIEF METROPOLITAN

MAGISTRATE HYDERABAD

Present : Sri Md. Nizamuddin, B.Com., LL.M., VII Addl. Chief Metropolitan Magistrate, Hyderabad

THURSDAY THE NINETEENTH DAY OF FEBRUARY

TWO THOUSAND AND SIXTEEN

C.C.NO. 108/2016

Between :

The State through the Sub-Inspector of Prohibition and Excise, Malakpet, Hyderabad.

.... Complainant

And

Islavath Kesiya naik, s/o. Lal singh, aged about 48 years, r/o. Singareni Colony, saidabad, Hyderabad.

…... Accused

This case is coming on before me for final hearing and disposal in the presence of the Assistant Public Prosecutor for the Complainant and Sri.T.Kondanna, Kumar Counsel for the accused and the matter having stood over for determination till this day this court delivered the following :-

J U D G M E N T

1.The Sub-Inspector of Prohibition and Excise, Malakpet has filed charge-sheet against the accused for the offence punishable under

Section 7-A r/w.8(e) of A.P. Prohibition Act, 1995 (in short “the Act”).

2The case of the prosecution is that on 9-10-2015 at 8-00 PM on reliable information about the sale of illicitly distilled liquor infront of a hut at Singareni Colony, Saidabad, Hyderabad PW1- D.Shankar, Prohibition and Excise Sub Inspector, Malakpet, Hyderabad along-with staff proceeded to the spot and found the accused selling illicitly distilled liquor.

On search he found (226) sachets each 100 ml of illicitly distilled liquor at the spot. He conducted Ex.P.1-seizure panchanama in the presence of

U.Srinivas, (listed witness No.1) and K.Ramulu (listed witness No.2) and seized (226) sachets of illicitly distilled liquor from the spot. He had drawn two samples .He returned to the Excise Station and he registered a case in COR.No.278/2015-16, under sec. 7-A r/w. 8(e) of the Act and issued EX.P.2 Crime and Occurrence report. He arrested the accused on 09-10-2015 and produced before the court for judicial custody. He has 2 deposited the remaining property before Dy. Commissioner of Prohibition and Excise for confiscation. After receipt of chemical analysis report

Ex.P.3 stating that the sample is illicitly distilled liquor he filed the charge sheet against the accused for the offence punishable under Sec. 7-A r/w.8(e) of the Act.

3.This court took cognizance of the offence punishable under Sec.

7-A r/w.8(e) of the Act against the accused.

4.On appearance of the accused before this Court, he was furnished with the copies of documents as required under Sec. 207 Cr.P.C.

5.The accused was examined under Sec. 239 Cr.P.C and after hearing both sides, a charge for the offence punishable under Sec. 7-A r/w.8(e) of the Act was framed, read over and explained to him in Telugu, who has pleaded not guilty and claimed to be tried.

6. To prove the case of the prosecution, PW.1 was examined and

Ex.P.1 to P.3 were marked. PW1- D.Shankar, is the Prohibition and Excise

Sub Inspector, who is the investigating officer. Ex.P.1 is the seizure panchanama, Ex.P.2 is the Crime and occurrence Report and Ex.P.3 is the

Chemical Analyst report.

7.After closure of the prosecution evidence, the accused was examined u/s.313 Cr.P.C for which, she denied the incriminating evidence put to her and stated that she has no defence evidence.

8.Heard both sides.

9The point that arise for determination is, whether the prosecution has established its case against the accused for the offence u/s.7(A) r/w. 8(e) of the Act, beyond all reasonable doubt?

10 Point:

It is the evidence of PW1- D.Shankar, Prohibition and Excise Sub

Inspector, Malakpet, Hyderabad that on 9-10-2015 at 8-00 PM on reliable information about the sale of illicitly distilled liquor at the spot 3 referred to above at Singareni Colony, Saidabad, Hyderabad he along-with staff proceeded to the spot and found the accused selling illicitly distilled liquor and she ran away on seeing PW1. On search he found (266) sachets each 100 ml of illicitly distilled liquor at the said place. He conducted Ex.P.1 seizure panchanama in the presence of U.Srinivas and

K.Ramulu and seized illicitly distilled liquor from the spot. He had drawn two samples for sending the same for analysis. He returned to the station and he registered a case in COR.No.278/2015-16 under sec. 7-A r/w.

8(e) of the Act and issued EX.P.2 Crime and Occurrence report. He arrested the accused on 9-10-2015 and produced before the court for judicial custody. He has deposited the remaining property before Dy.

Commissioner of Prohibition and Excise for confiscation. After receipt of chemical analysis report Ex.P.3 stating that the sample is illicitly distilled liquor he filed the charge sheet against the accused for the offence punishable under Sec. 7-A r/w.8(e) of the Act.

Sec. 7-A r/w.8(e) of the Act. Hence I find the accused not guilty of the offence punishable under Sec. 7-A r/w.8(e) of the Act.

12. In the result, the accused is found not guilty for the offence punishable under Sec. 7-A r/w.8(e) of the Act and is acquitted under Sec.

248 (1) Cr.P.C for the said offence. The bail bonds of the accused shall stand cancelled after six months as per the provisions under Sec. 437(A)

Cr.P.C.

Typed to my dictation by the Personal Assistant, corrected,

pronounced and signed by me in the open court on this the 19th day of

February, 2016.

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

APPENDIX OF EVIDENCE

FOR PROSECUTION:FOR DEFENCE: NIL

PW1 D.Shankar

EXHIBITS MARKED

FOR PROSECUTION:FOR DEFENCE: NIL

Ex.P.1 Seizure panchanama Ex.P.2 Crime and Occurence Report Ex.P.3 Chemical analysis Report

MOS MARKED

NIL

Sd/-

VII ADDL.CHIEF METROPOLITAN MAGISTRATE

HYDERABAD

CC/800784/2012 Acquitted

State through PS Saidabad vs R.Shankar

19 Feb 2016

THE COURT OF THE VII ADDL. CHIEF METROPOLITAN MAGISTRATE

CITY CRIMINAL COURTS, HYDERABAD

Present :- Sri Md. Nizamuddin, B.Com, LLM, VII Addl. Chief Metropolitan Magistrate, Hyderabad

FRIDAY THE NINETEENTH DAY OF FEBRUARY

TWO THOUSAND AND SIXTEEN

C.C.No. 784/2012

Between : The State through the Sub-Inspector of Police, Police Station, Santoshnagar … Complainant

AND

1) Ramavath Shankar, S/o. Patiya, age 29 years, occ: Auto driver, r/o. H.No. 2-252, Jillelaguda, Saroornagar, Ranga Reddy District.

2) Ramavath Sevya, S/o. Patiya, Age 20 years, occ: Student, r/o. H.No. 2-252, Jillalaguda, Saroornagar, Ranga Reddy District. … Accused

This case is coming on before me in the presence of Assistant Public Prosecutor for the State and Sri. P. Ram Mohan, Counsel for accused and the matter having stood over for determination till this day, this court delivered the following :

JUDGMENT

The Sub-Inspector of Police, Police Station Saidabad, Hyderabad has filed the charge sheet against the accused No.1 and 2 for the offence punishable under Sec. 326 r/w 34 IPC.

2.The case of the prosecution is that on 02-03-2011 at about 10.30 AM both the accused have beat PW-1 E. Bashya with stones at Amaravathi Bar and Restaurant Food Parcel,

Champapet Main Road, Hyderabad, due to which the victim sustained grievous head injury.

Thereafter, the victim lodged a complaint to the police, basing on which a case was registered in

Cr.No. 227/2011, under Sec. 324 r/w 34 IPC. During the course of investigation the statements of the witnesses were recorded the victim was referred to the Induss Hospital, Hyderabad for treatment. The accused was arrested and produced before the court for judicial custody. After completion of the investigation of the case, the Sub Inspector of Police Saidabad has filed the charge sheet against the accused for the offence punishable under Sec. 326 r/w 34 IPC.

3.This court took cognizance of the offence punishable under Sec. 326 r/w 34 IPC against the accused No.1 and 2.

4.On appearance of the accused before the court they were furnished the copies of the documents as required under Sec. 207 Cr.P.C.

5.The accused No.1 and 2 were examined under Sec. 239 Cr.P.C and after hearing both sides, a charge for the offence punishable under Sec. 326 r/w 34 IPC was framed, read over and explained to them in Urdu who have pleaded not guilty and claimed to the tried.

6.To prove the case of the prosecution PWs 1 to 3 were examined and Ex.P-1 to P-4 were marked. PW-1 E. Bashya, is the defacto complainant and victim, PW-2 M. Sadhu and PW-3

Gopiya are the eye witnesses. Ex.P-1 is the signature of PW-1 on the complaint, Ex.P-2 to P-4 are the 161 Cr.P.C statements of PW-2 and PW-3 respectively.

7.Since there is nothing incriminating in the evidence of PWs 1 to 3 against the accused, the examination of the accused under Sec. 313 Cr.P.C was dispensed with.

8.Heard both sides.

9.The point that arise for determination is ; Whether the prosecution has established its case against the Accused No.1 and 2 for the offence punishable under Sec. 326 r/w 34 IPC beyond all reasonable doubt?

10.POINT : It is the evidence of PW-1 E. Bashya that at the relevant time there was a quarrel between children of his neighbourhood and also a quarrel between the elders and at that time a person hit him with a stone, due to which he sustained injury. This witness denied the contents of the complaint. He has not deposed anything against the accused. PW-2 M. Sadhu and

PW-3 Gopiya have only deposed that they do not know anything about this case. Thus, all the witnesses are not supported to the case of the prosecution. Therefore, the evidence of other witnesses were closed. In view of these factors the accused No.1 and 2 are entitled for extension of benefit of doubt. Accordingly, I hold that the prosecution has failed to establish its case against the accused No.1 and 2 for the offence punishable under Sec. 326 r/w 34 IPC. Hence, I find the accused are not guilty of the offence punishable under Sec. 326 r/w 34 IPC.

11.In the result, the accused No.1 and 2 are acquitted under Sec. 248(1) Cr.P.C for the offence punishable under Sec. 326 r/w 34 IPC. The bail bonds of the accused shall be cancelled after six months.

Dictated to Typist, transcribed by her, corrected and pronounced by me in the open court

on this the 19th day of February, 2016.

VII Addl. Chief Metropolitan Magistrate,

Hyderabad

APPENDIX OF EVIDENCE

WITNESSES EXAMINED FOR

PROSECUTION DEFENCE

PW-1 : E. Bashya, Defacto Complainant-victim Nil

PW-2 : M. Sadhu, Eye witness

PW-3 : Gopiya, Eye witness

EXHIBITS MARKED FOR

PROSECUTION DEFENCE

Ex.P-1 Signature of PW-1 on the complaint Nil

Ex.P-2 to P-4 161 Cr.P.C statements of PW-2 and PW-3 respectively

MATERIAL OBJECTS MARKED

NIL

SD/-

VII Addl. Chief Metropolitan Magistrate,

Hyderabad

Order Record 1,733 total

Case No.	Parties	Date	Type	Outcome
CC/800721/2015	State P.S Malakpet vs Syed Sayeed Hussain @ Lamba	23 Feb 2016	Order On Exgibit	Acquitted
CC/800107/2016	excise malakpet vs Nenavath Sali	19 Feb 2016	Order On Exgibit	Acquitted
CC/800108/2016	excise malakpet vs Islavath kesiya nayak	19 Feb 2016	Order On Exgibit	Acquitted
CC/800784/2012	State through PS Saidabad vs R.Shankar	19 Feb 2016	Order On Exgibit	Acquitted
CC/800105/2016	excise malakpet vs Eslavath Rukka	18 Feb 2016	Order On Exgibit	Acquitted
CC/800106/2016	excise malakpet vs Nenavath Laxmi	18 Feb 2016	Order On Exgibit	—
CC/800362/2015	PS Malakpet vs A1.SYED SAYYED HUSSAIN @ LAMBA	18 Feb 2016	Order On Exgibit	—
CC/800473/2015	Saidabad PS vs SYED SAYEED HUSSAIN@ LAMBA HUSSAIN @ LAMBA	12 Feb 2016	Order On Exgibit	—
CC/800474/2015	Saidabad PS vs SYED SAYEED HUSSAIN@ LAMBA HUSSAIN @ LAMBA	12 Feb 2016	Order On Exgibit	—
CC/800352/2013	PS. Kanchanbagh vs Saraf Srikanth @ Srikanth	11 Feb 2016	Order On Exgibit	—
CC/800379/2015	Kanchanbagh PS vs A1.SYED SAYEED HUSSAIN @ LAMBA HUSSAIN @ LAMBA	11 Feb 2016	Order On Exgibit	—
CC/800511/2012	state Santoshnagar PS vs Khaja Fareeduddin @ Adil	11 Feb 2016	Order On Exgibit	—
CC/800319/2015	PS Saidabad vs A1.SYED SYED HUSSAIN @ LAMBA HUSSAIN @LAMBA	10 Feb 2016	Order On Exgibit	—
CC/800320/2015	PS Saidabad vs SAYD SAYYED HUSSAIN @ LAMBA HUSSAIN @ LAMBA	09 Feb 2016	Order On Exgibit	—
CC/800364/2015	PS Saidabad vs SYED SAYEED HUSSAIN@ LAMBA HUSSAIN @ LAMBA	09 Feb 2016	Order On Exgibit	—
CC/800372/2015	PS Kanchan Bagh vs SYED SAYEED HUSSAIN@ LAMBA HUSSAIN @ LAMBA	09 Feb 2016	Order On Exgibit	—
CC/800472/2015	Saidabad PS vs SYED SAYEED HUSSAIN@ LAMBA HUSSAIN @ LAMBA	09 Feb 2016	Order On Exgibit	—
CC/800551/2015	Saidabad PS vs SYED SAYEED HUSSAIN@ LAMBA HUSSAIN @ LAMBA	09 Feb 2016	Order On Exgibit	—
PRC/8000004/2016	State PS Kanchanbagh vs Abdul Shakeel Rahaman	08 Feb 2016	Order On Exgibit	—
CC/801641/2010	State Kanchanbagh PS vs Vemula Durga @ Padma	06 Feb 2016	Order On Exgibit	—
CC/800032/2016	EXCISE MALAKPET vs Vsramavath vijaya	04 Feb 2016	Order On Exgibit	—
CC/800033/2016	EXCISE MALAKPET vs Vsramavath salamma	04 Feb 2016	Order On Exgibit	—
CC/800034/2016	EXCISE MALAKPET vs Ramavath Hanmanthu	04 Feb 2016	Order On Exgibit	—
CC/800039/2015	PS Malakpet vs P.RAJESH	01 Feb 2016	Order On Exgibit	—
CC/800289/2010	PS. Abids vs Mohd. Ismail	01 Feb 2016	Order On Exgibit	—
PRC/80002/2016	State PS Saidabad vs Aravind Kumar Yadav	01 Feb 2016	Order On Exgibit	—
CC/800410/2015	State PS Kanchanbagh vs Vssyed aslam	29 Jan 2016	Order On Exgibit	—
CC/800441/2014	PS Saidabad vs A1 J. Ravinder Reddy	29 Jan 2016	Order On Exgibit	—
CC/801447/2015	EXCISE MALAKPET vs Vsvenkatesh	29 Jan 2016	Order On Exgibit	—
CC/800538/2015	State PS Kanchanbagh vs SYED ASLAM @ ASLAM	28 Jan 2016	Order On Exgibit	—
CC/800380/2015	PS Kanchan Bagh vs Syed Aslam @ Aslam	27 Jan 2016	Order On Exgibit	—
PRC/80001/2016	State PS Saidabad vs V. Shekar	25 Jan 2016	Order On Exgibit	—
CC/800116/2010	PS Afzalgunj vs Geetha	22 Jan 2016	Order On Exgibit	—
CC/801163/2015	State PS Kanchanbagh vs Vssyed Noor Mohammed @ mohd arshad	22 Jan 2016	Order On Exgibit	—
CC/800115/2012	State Madannapet PS vs Abdul Rahman Khan @ Omar	21 Jan 2016	Order On Exgibit	—
CC/800166/2012	State Madannapet P S vs Kunta Narayan Reddy	21 Jan 2016	Order On Exgibit	—
CC/800008/2010	State Santoshnagar PS vs B. Venkatamma	20 Jan 2016	Order On Exgibit	—
CC/800952/2010	P. Venkatagiri vs Gubba Praveen Kumar	19 Jan 2016	Order On Exgibit	—
CC/800774/2012	State PS Santoshnagar vs M.A.H. Amer Farooqui	13 Jan 2016	Order On Exgibit	—
CC/800902/2011	THE STATE THROUGH THE P.S. MALAKPET vs Mohd Osman	13 Jan 2016	Order On Exgibit	—
CC/801056/2014	State PS Madannapet vs Syed Shakeel @ Shabbir	13 Jan 2016	Order On Exgibit	—
CC/801389/2015	EXCISE MALAKPET vs Vsshaik mahamood	12 Jan 2016	Order On Exgibit	—
CC/801443/2015	EXCISE MALAKPET vs Vskorra neela @ jeeni	12 Jan 2016	Order On Exgibit	—
CC/800052/2011	State Malakpet PS vs Md Aleem	11 Jan 2016	Order On Exgibit	—
CC/801406/2015	STATE PS MADANNAPET vs KEMSARAM VENKATESHWARLOO	11 Jan 2016	Order On Exgibit	—
CC/801441/2015	EXCISE MALAKPET vs Vsramavath salamma	11 Jan 2016	Order On Exgibit	—
CC/801442/2015	EXCISE MALAKPET vs Vsramavath salamma	11 Jan 2016	Order On Exgibit	—
CC/800380/2010	Narayan Lal vs Rupesh Kumar Agarwal	07 Jan 2016	Order On Exgibit	—
CC/800720/2010	Deepak Mehta vs Rohit Agarwal	07 Jan 2016	Order On Exgibit	—
CC/800772/2011	State Santoshnagar PS vs Syed Faheem @ Faheem	07 Jan 2016	Order On Exgibit	—
CC/800913/2010	Bhagwandas Ladda vs Dharmender Chowdhary	06 Jan 2016	Order On Exgibit	—
CC/801069/2013	State Ps Santoshnagar vs Gadela Venkatesh	06 Jan 2016	Order On Exgibit	—
CC/801068/2010	J. Ramesh Reddy vs Bosle Sanjeev @ Sanju	05 Jan 2016	Order On Exgibit	—
CC/801297/2015	EXCISE MALAKPET vs Vssharfee	05 Jan 2016	Order On Exgibit	—
CC/800443/2012	State Saidabad PS vs Emani Ram Pawan @ Rambabu	04 Jan 2016	Order On Exgibit	—
CC/800687/2010	State Abid Road PS vs Ashish Maheshwari	04 Jan 2016	Order On Exgibit	—
CC/801405/2015	EXCISE MALAKPET vs MUMTAZ BEGUM	04 Jan 2016	Order On Exgibit	—
CC/800080/2012	State Madannapet PS vs Mohd Rizwan	02 Jan 2016	Order On Exgibit	—
CC/801075/2012	THE STATE THROUGH P.S. MALAKPET vs P. PRAVEEN BABU	30 Dec 2015	Order On Exgibit	—
CC/800915/2015	State PS Kanchanbagh vs Mohammed Mansoor @ Deva	29 Dec 2015	Order On Exgibit	—
CC/801220/2015	Saidabad PS vs Mohd Akheel @ Khalifa	29 Dec 2015	Order On Exgibit	—
CC/801301/2015	EXCISE MALAKPET vs MUDAVATH VENKATRAM	29 Dec 2015	Order On Exgibit	—
CC/801302/2015	EXCISE MALAKPET vs MUDAVATH VENKATRAMULU	29 Dec 2015	Order On Exgibit	—
CC/801088/2010	State Abids PS vs Rajesh Malpani @ Raju Malpani	23 Dec 2015	Order On Exgibit	—
CC/801095/2010	Kailash Charan vs Rajesh Malpani @ Raju Malpani	23 Dec 2015	Order On Exgibit	—
CC/801289/2010	State Malakpet PS vs C. Laxmaiah	23 Dec 2015	Order On Exgibit	—
CC/800463/2015	Excise Malakpet vs VANKDOTH BICHANI	22 Dec 2015	Order On Exgibit	—
CC/800520/2015	Excise Malakpet vs Kunal Singh	22 Dec 2015	Order On Exgibit	—
CC/801170/2015	STATE PS SANTOSH NAGAR vs Mudavath Mallesh	22 Dec 2015	Order On Exgibit	—
CC/801372/2015	State through P.S.Santoshnagar vs Baber @ Baquar Akram Ali @ Baquar	22 Dec 2015	Order On Exgibit	—
CC/801373/2015	State through P.S.Santoshnagar vs Baber @ Baquar Akram Ali @ Baquar	22 Dec 2015	Order On Exgibit	—
CC/801386/2015	EXCISE MALAKPET vs Vsvankodath laxmi	22 Dec 2015	Order On Exgibit	—
CC/800882/2015	PS Kanchan Bagh vs Vsbabar @Baqar Akram Ali@ Baquar	17 Dec 2015	Order On Exgibit	—
CC/801254/2015	EXCISE MALAKPET vs KEVUDU KAMLEE	17 Dec 2015	Order On Exgibit	—
CC/801401/2015	EXCISE MALAKPET vs RATNAM RAJU	17 Dec 2015	Order On Exgibit	—
CC/801402/2015	EXCISE MALAKPET vs RATNAM VISHAL	17 Dec 2015	Order On Exgibit	—
CC/801403/2015	EXCISE MALAKPET vs Vsratnam chandrakala	17 Dec 2015	Order On Exgibit	—
CC/801404/2015	EXCISE MALAKPET vs DANDOTIKAR NARSING RAO	17 Dec 2015	Order On Exgibit	—
CC/801384/2015	EXCISE MALAKPET vs RAMAVATH GOPAL NAIK	16 Dec 2015	Order On Exgibit	—
CC/800196/2015	Excise Malakpet vs Amgoth megha	15 Dec 2015	Order On Exgibit	—
CC/800550/2008	K. Veera Mohan vs Chavva Satish Kumar	15 Dec 2015	Order On Exgibit	—
CC/801383/2015	EXCISE MALAKPET vs Vseslavath shilpa	15 Dec 2015	Order On Exgibit	—
CC/800783/2015	Ayesha Begum @ Amreen vs Sajid	12 Dec 2015	Order On Exgibit	—
PRC/80049/2015	Uday Kishore Yadav vs A1 Maikol Mahender Yadav	10 Dec 2015	Order On Exgibit	—
CC/800571/2011	State Malakpet PS vs M. Narsimha	09 Dec 2015	Order On Exgibit	—
CC/800552/2014	PS Malakpet vs A1 jetavath Santosh Naik @ Santosh @ Chinna @Santu	05 Dec 2015	Order On Exgibit	—
PRC/80041/2015	Saidabad PS vs Darangula pandu	05 Dec 2015	Order On Exgibit	—
CC/800797/2010	P. Venkat Rao vs P. Veeresh Kumar	02 Dec 2015	Order On Exgibit	—
CC/800922/2011	State through Santoshnagar P.S vs Abdul Rehman Khan	02 Dec 2015	Order On Exgibit	—
CC/800932/2011	State through P.S. Santhoshnagar vs Abdul Rehman Khan	02 Dec 2015	Order On Exgibit	—
CC/801314/2015	State PS Kanchanbagh vs Guggila Nagasheshu	02 Dec 2015	Order On Exgibit	—
PRC/800068/2011	State PS Malakpet vs Shaik Imran Imran	02 Dec 2015	Order On Exgibit	—
PRC/8047/2015	M shankar vs A1 Mir Mujtaba Ali @ salman	01 Dec 2015	Order On Exgibit	—
CC/800353/2009	State Kanchanbagh PS vs Syed Ghoue @ Gabbar	30 Nov 2015	Order On Exgibit	—
CC/800525/2014	State Ps Santoshnagar vs Vishal Tripati	30 Nov 2015	Order On Exgibit	—
CC/801299/2015	EXCISE MALAKPET vs Vsm.venkatram	30 Nov 2015	Order On Exgibit	—
CC/800418/2015	Excise Malakpet vs Anil Kumar	28 Nov 2015	Order On Exgibit	—
CC/801255/2015	EXCISE MALAKPET vs VARTHIYA BICHANI@KUNTI BUJJI	28 Nov 2015	Order On Exgibit	—
CC/800892/2012	State PS Malakpet vs Suchirindia Developers P Ltd	27 Nov 2015	Order On Exgibit	—
CC/800965/2011	State Kanchanbagh PS vs Mod Azhar Khan	27 Nov 2015	Order On Exgibit	—

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Apr 2015		59
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Frequently Asked Questions

How many cases has Sri Mohd .Nizamuddin handled?

Sri Mohd .Nizamuddin has handled 1795 court orders since 2011 at HYD, Criminal Court Complex. The average disposal rate is 31 orders per month.

What types of cases does Sri Mohd .Nizamuddin hear?

Based on available records, Sri Mohd .Nizamuddin primarily handles Criminal matters (Criminal Cases) at HYD, Criminal Court Complex.

Where is Sri Mohd .Nizamuddin currently posted?

Sri Mohd .Nizamuddin is posted as VII Addl. Chief Metropolitan Magistrate at HYD, Criminal Court Complex, Hyderabad, Telangana.

Are judgments by Sri Mohd .Nizamuddin available online?

Yes. 5 judgments by Sri Mohd .Nizamuddin are available on Legistro with full text, outcome, and sections cited.

How fast does Sri Mohd .Nizamuddin dispose cases?

Sri Mohd .Nizamuddin disposes approximately 31 cases per month, based on 1795 orders handled over their tenure at HYD, Criminal Court Complex.

Since when is Sri Mohd .Nizamuddin serving?

Sri Mohd .Nizamuddin has been serving at HYD, Criminal Court Complex since 2011.

Case Types

CC 95%

PRC 5%

Posting History

Apr 2011 — Feb 2016

VII Addl. Chief Metropolitan Magistrate · 1,795 orders

Outcomes on Record

Acquitted 5

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