Back
2026 Supreme(Online)(Tel) 16393
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
J. Sreenivas Rao, J
Md.Shafiuddin – Appellant
Versus
The State of Telangana – Respondent
CRIMINAL PETITION No.6189 of 2026 | C.C.No.3470 of 2025
For the Appellants/Petitioners: Mohd. Fasiuddin
For the Respondents: V. Jitender Rao
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.
Headnote:(A) Quashing of Proceedings - Judicial Precedent - Where the legal issues raised in a criminal petition are squarely covered by a prior order of the same Court, the proceedings against the accused are liable to be quashed. (Para 3, 5)
Issues: Whether the proceedings in C.C.No.3470 of 2025 against the petitioner should be quashed based on a previous order of the Court.
| Table of Content |
|---|
| 1. filing of petition to quash criminal proceedings under ipc and cotp act. (Para 1 , 2) |
| 2. reliance on prior judicial precedent to seek quashing of proceedings. (Para 3 , 4) |
| 3. quashing of proceedings and direction for return of seized property. (Para 5) |
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.
