CRIMINAL PETITION No.12122 of 2025

ORDER:-

1. This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.169 of 2022, on the file of the learned Judicial First Class Magistrate, Adilabad District,

registered for the offences under Sections 270 and 273 of IPC.

2. Heard Sri S.Ravi Kiran Reddy, learned counsel for the petitioners/accused Nos.1 & 2 as well as Mrs.Shalini Saxena, the learned Assistant Public Prosecutor appearing for the respondent-

State.

3. Learned counsel for the petitioners submitted that the matter is squarely covered by the orders passed by this Court in Crl.P.Nos.12333 of 2024, 152 of 2020 and batch and in several other judgments and therefore prayed to quash the proceedings against

the petitioners.

4. Learned Assistant Public Prosecutor also submitted that the issue raised in the present Criminal Petition is covered by the earlier

order passed in the aforementioned criminal petitions.

5. Perused the record. It is evident that the allegations in the present case pertain to purchase, supply and distribution of Gutka and tobacco products, which are similar to the allegations considered in Chidurala Shyamsunder Vs.The State of Telangana, Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018. In the said case, it was observed that the act of purchase and sale of Gutka and tobacco products does not fall under Section 270 of IPC as it does not spread any infectious disease and further, it is not a noxious food to attract the offence under Section 273 of IPC. It is further observed that similar orders have been passed in Crl.P.Nos.12333 of 2024, 152 of 2020 and batch and in several other matters.

6. Since the allegations in the present case are similar to the above said decisions, this Criminal Petition is allowed in terms of the above said order. The proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.169 of 2022, on the file of the learned Judicial First Class Magistrate, Adilabad District, are hereby quashed. Further, the Trial Court is directed to take appropriate steps to return the seized property to the petitioners on proper identification and verification under due acknowledgment.

7. Miscellaneous petitions, if any pending, shall stand closed.

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Dt.17.09.2025 ysk