IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.2037 of 2026 Date: 16.02.2026 Between:

D. Lekraj Yadav and 2 others ....Petitioners/Accused Nos.1 to 3 AND The State of Telangana, represented by its Public Prosecutor, through Station House Officer, Rajendra Nagar Police Station and another.

....Respondents

ORDER:

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 3, seeking to quash the proceedings in F.I.R.No.100 of 2026 of Panjagutta Police Station, Hyderabad for the offences under Sections 223 and 275 of the Bharatiya Nyaya Sanhita, 2023 (for short, ‘BNS’) and Sections 4 and 20(2) of the Cigarettes and Other Tobacco Products Act, 2003 (for short ‘COTPA Act’).

2. Heard Mr. Omar A.Pasha, learned counsel for the petitioners, Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor appearing on behalf of respondent No.1.

3. Learned counsel for the petitioners submitted that the petitioners have not committed any offence and they have been falsely implicated in the present crime. Even according to the allegations, the ingredients for the offences under Sections 223 and 275 of the BNS and Sections 4 and 20(2) of the COTPA Act, are not attracted. He further submitted that the issue raised in this criminal petition is squarely covered by the Common Order, dated 05.07.2021, passed by this Court in Criminal Petition Nos.152 of 2020 and batch. Learned counsel enclosed the copy of the above said order along with this Criminal Petition.

4. Learned Additional Public Prosecutor has submitted that the above said order which was relied upon by the learned counsel for the petitioners in Criminal Petition No.152 of 2020 and batch, dated 05.07.2021 is not applicable to the facts and circumstances of the case. However, learned Additional Public Prosecutor fairly submitted that the issue is no more treated as res judicata in view of the orders passed in Criminal Petition No.1090 of 2024.

5. Taking into consideration the above said submissions made by the learned Additional Public Prosecutor, and also the Common Order dated 05.07.2021, passed by this Court in Criminal Petition Nos.152 of 2020 and batch, this Court is of the considered view that the proceedings against the petitioners in F.I.R.No.100 of 2026 of Panjagutta Police station, Hyderabad are liable to be quashed.

6. Accordingly, the criminal petition is allowed and the proceedings against the petitioners/accused No.1 to 3 in F.I.R.No.100 of 2026 of Panjagutta Police station, Hyderabad are hereby quashed.

Miscellaneous applications, pending if any, shall stand closed.

________________________ J.SREENIVAS RAO, J Date: 16.02.2026 Note:

Registry is directed to enclose the copy of the order passed by

this Court in Criminal Petition No.152 of 2020 and batch along

with this order.

B/o. gnp