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2025 Supreme(Online)(Tel) 17867
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
N. TUKARAMJI, J
Narsimha Siddigari – Appellant
Versus
The State of Telangana – Respondent
CRIMINAL PETITION No. 9148 OF 2025
For the Appellants/Petitioners: Mr.Y.Bala Murali
For the Respondents: Mr.Jithender Rao Veeramalla
Proceedings against accused quashed based on prior case decision, indicating legal protection under certain judicial precedents.
Headnote:(A) Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 528 - Criminal Procedure - Proceedings against accused Nos.1 and 2 quashed based on the legal precedent that similar allegations had been resolved in favor of the petitioners. The continuation of proceedings was deemed unsustainable due to conflicting directives from a Supreme Court order and subsequent Circular not to interfere with tobacco traders following the stay of prohibition on certain products. (Paras 9, 10, and 11).
(B) Criminal Procedure - Court's consideration - A court has the authority to quash proceedings when the allegations are found to be legally untenable, as shown by reliance on similar cases decided previously. (Paras 10 and 11)
| Table of Content |
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| 1. quashment due to prior supreme court orders. (Para 1) |
| 2. legal basis for accusations and previous related outcomes. (Para 2) |
ORDER
This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita , 2023 (for short ‘ BNSS , 2023’) seeking quashment of the proceedings, against the petitioners/accused Nos.1 and 2 in C.C.No.162 of 2025 on the file of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Kalwakurthy, Nagarkurnool District.
2. The petitioners are arrayed as accused Nos.1 and 2 in C.C.No.162 of 2025 registered for the offences punishable under Sections 317 (2) of Bharatiya Nyaya Sanhitha, 2023 and Section 106 (1)
of BNSS and Section 3 , 146, 130 r/w 177 of MV Act.
