The Court quashed the criminal proceedings against the petitioner because the legal issues involved were already decided in a previous order passed by the same Court in a similar case.

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.3470 of 2025 pending on the file of the Chief Metropolitan Magistrate at Hyderabad, wherein the petitioner was arrayed as accused No.5 for the offences punishable under Section 420 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 5 , 6(A), 7 read with Sections 20(2), 22 and 24(1) of the Cigarettes and Other Tobacco Products Act, 2003 (for short ‘COTP Act’).

2. Heard Mr. Mohd. Fasiuddin, learned counsel for the petitioner and Mr. V.Jitender Rao, learned Additional Public Prosecutor, appearing on behalf of respondent No.1-State.

3. Learned counsel for the petitioner submitted that the issue raised in this criminal petition is squarely covered by the order passed by this Court in Crl.P.No.5577 of 2023 , dated 08.08.2024.

4. Learned Additional Public Prosecutor has not opposed the submissions made by the learned counsel for petitioner.

5. Taking into consideration the submissions made by the respective parties and the order passed by this Court in Crl.P.No.5577 of 2023 , dated 08.08.2024, this criminal petition is allowed. The proceedings against the petitioner/accused No.5 in C.C.No.3470 of 2025 pending on the file of Chief Metropolitan Magistrate at Hyderabad, are hereby quashed. Further the Station House Officer/Investigating Officer is hereby directed to return the seized property on proper identification and verification under due acknowledgment.

Pending miscellaneous applications, if any, shall stand closed.