THE HON’BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12799 of 2025 ORDER:-

1. This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedings against the petitioner/accused in Crime No.379 of 2025, on the file of Inthezargunj Police Station, Warangal District, registered for the offences under Sections 271 and 275 of BNS.

2. Heard Y.Bala Murali, learned counsel for the petitioner/accused as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondents.

3. Learned counsel for the petitioners submitted that the present 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 Additional 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 petitioner/accused in Crime No.379 of 2025, on the file of Inthezargunj Police Station, Warangal District, are hereby quashed. Further, the Station House Officer/Investigating Officer is hereby directed to return the seized property to the petitioner on proper identification and verification under due acknowledgment.

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

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.06.10.2025 ysk