CRLP/13091/2025 of Yenamala Ayyappa, Vs The State of Telangana on 10 October 2025

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

FRIDAY,THE TENTH DAY OF OCTOBER

TWO THOUSAND AND IWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI

CRIMINAL PETITION NO: 1309'l oF 2025

Between:

1 Yenamala Ayyappa,, S/o.

Age.36 years, H.No.Plot

Kukatpally Hyderabad

Knshnaiah Occu.

no.8, Vignanpuri

Laxmi Narasimha Transport,

colony Jummerath bazar,

?

2. Masthan Reddy,, S/o.Kareem Reddy, Occu Nellore, Andhra Pradesh business. age. 35years, R/o Syed Zabiulla @ Roshan,, S/o Mohiuddin, Occu.Business ,age.38years,

H. no.2-3-378, Nallagutta, Mrnister road, Secunderabad Hyderabad.

Mohammed Saif ,, S/o.Mohd Srraj Occu Student, aged. 2syears 12-2-27511, Murad Nagar Asif Nagar, Hyderabad Mir Mubharak @ Mira1,, S/o Mir Nasar, Occu Watchman, age.28years, R/o.lndustrial park Pasha Mailaram, Patancheru, Sangareddy distriCt N/o Charagmal Yousufpu(V) Bhadrak odisha.

...PETtTtONERS/ACCUSED(S)

AND

The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad The Sub-lnspector of Police, Goshamahal Police Station,, Hyderabad Dist

...RESPONDENT/COMPLAINANTS

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in FIR NO 160 of 2025 On the file of Goshamahal Police Station, Hyderabad District against the Petitioners/Accused nos.1,5,8,9 and 11, and pass such other order or orders as this Hon'ble Court deems fit and proper in the circumstances of the case This Petition comrng on for hearing, upon perusing the Memorandum of Grounds of Climinal Petition and upon hearing the arguments of Sri BALA

MURALI Y ,Advocate for the Petitioner and Sri. M. Vivekananda Reddy the Asst.

Public Prosecutor (TG) on behalf of the Respondent No 1 & 2.

The Court made the following: ORDER

THE HONOURABLE SMT. JUSTICE JUWADISRIDEVI

ORDER;

This criminal petition is fired under sec:.ion 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for sho.t ,BNSS,) by the petitioners/accused Nos.1, S, B, 9 and 11 se eking to quash the proceedings against them in F.l.R.No.160 of Z)25 on the file of Goshamahal police Station, Hyderabad, registered for the alleged offences punishable under Section s 123, 274, 275, 62rlw 3(5) of toN No.13091

and Other Tcitacco products

and Regulatic n of Tracle and

Distribr.ifion) Act, 2003

cRtMINAL PETIT

BNS, ZO(2) of Cigarertes

(Prohibition of Advertisement

Commerce, production, Supply and

(for short, "COTp Act).

Heard Sri y.Bala Murali, learned counsel .br the petitioners and Sri Jithender Rao Veeramalla, learned i\riditional public Prosecutor appearing for the respondents.

3.

Learned counsel for the petitioners sub nritted that the the orders o, this Court in matler is squarely covered by Crl.P.No.10362 of 2O2S and Crl.p.No.9 457 of 2o25and in several other judgments. Hence, he prayed that the procr-,r;dings against the petitioners be quashed rt

9f 2O2S

)

4.

Learned Additional Public prosecutor also submitted that the issue raised in the present criminal petition is covered by the earlier orders passed in the aforementioned criminal petitions.

5.

Perused the record. lt is evident that the allegations in the present case pertain to purchase and sale of Gutka packets, which are similar to the allegations considered in Chidurata Shyamsunder vs The Sfate Of Telanganal . ln the said case, it was observed that the act of purchase and sale of gutka 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 lPC. lt is further observed that similar orders have been passed in Crl.P.No.10362 of 2O2S and Crl.P.No.9457 of 2025, 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 petitioners/accused Nos.1,5, B,9and 11 in F.l.R.No.160of 2025

on the file of Goshamahal Police Station, Hyderabad, are hereby quashed. Further directed to return the seized property on proper identification and verification under due acknowledgment.

'Crl.P.t'to.3z3t of zo18 & Batch, decided on 27.Oa.ZA7B

As a sequel, the miscellaneous petitions pendirrgt' if any'

shall stand closed

o.,,sPl-,3.'*5sts[

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HIGH COURT

DATED:1011012025

ORDrR.

ALLOWED

CRLP.No.13091 of 2025

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