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2025 Supreme(Online)(Tel) 52970

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE N.TUKARAMJI
Edukulla Shiva Kumar – Appellant
Versus
The State of Telangana – Respondent


THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 6384 OF 2025

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 petitioner in Crime No.522 of 2025 of Hayathnagar Police Station, Rachakonda District.

2. The petitioner is accused No.1 in Crime No.522 of 2025 registered for the offences punishable under Sections 274 and 275 r/w. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short ‘BNS, 2023’) and Section 20 (2) of the Cigarettes and Other Tobacco Products Act (for short ‘COTPA’) 2003.

3. Heard Mr.Y.Bala Murali, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitioner/accused No.1 is involved in selling and purchasing the banned Tobacco products and the Police concerned seized the said Tobacco products worth of Rs.6,000/-.

5. Learned counsel for the petitioner would submit that the Coordinate Bench of this Court vide Criminal Petition No.3731 of 2018 and Batch quashed the proceedings against the petitioners therein by passing

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