Telangana High Court
CRLP/13136/2025 of Shaik Shareef Vs The State of Telangana on 10 October 2025
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI CRIMINAL PETITION No: 13136 OE 2025 Between: Shaik Shareef, S/o Latheef, Aged 31Years, Occ Driver, R/o Damaracherla, Nalgonda
t3257 1
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY, THE TENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE JUWADI SRIDEVI
CRIMINAL PETITION No: 13136 OE 2025
Between:
Shaik Shareef, S/o Latheef, Aged 31Years, Occ Driver, R/o Damaracherla, Nalgonda Nalgonda district.
...Petitioner/Accused No.2
AND
1.
The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana at Hyderabad The Sub lnspector of Pollce, Wadapalli Police Station. Nalgonda District.
...Respondents/Com plainant
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 C.C.No.729 of 2O2O on the file of Hon'ble ll Additional Junior Civil Judge Cum Hon'ble ll Additional Judicial First Class Magistrate at Mrryalguda, Nalgonda District for the offences punishable under Sections 273 lPC,20(1) COTPA against the Petitioner.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon. hearing the arguments of Sri Bala Murali Y. Advocate for the Petitioner and the Additional Public Prosecutor on behalf of the Respondents.
The Court made the following: OROER
THE HONOURABLE SMT. JUSTICE JUWA)I SRIDEVI
CRIMINAL PETiTION No.'t 3136 of 20i15
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
ORDER
This Criminal Petition is filed under Sectior 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short .titJSS,) by the petitioner/accused No.2 seeking to quash th: proceedings against him in C.C.No.729 of 2O2O on the til,_. of learned ll Additional Junior civir Judge-cum-il Additionar Judiciar First Class Magistrate, Miryalguda, Nalgonda District, reqrstered for the alleged offences punishable under Sections 420,213,328 rtw 34 of lPC.
2. Heard Sri Y.Bala Murali, learned counsel fo- the petitioner and Sri Jithender Rao Veeramalla, learned Aci,,litional public Prosecutor appearing for the respondents.
3. Learned counsel for the petitioner submitted that the matter is squarely covered by the orders of this Court in Crl.l).Nos.10362 of 2025, 12333 oI 2024, 152 of 2O2O and batch :rrd in several other judgments. Hence, he prayed that the procee,riings against the petitioner be quashed.
)
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 Chidurala Shyamsunder vs The State 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.Nos.10362 of 2025, 12333 ot 2024, 152 of 2O2O and batch, 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 petitioner/accused No.2 in C.C.No.729 of 2020 on the file of learned ll Additional Junior Civil Judge-cum-ll Additional Judicial First Class Magistrate, Miryalguda, Nalgonda District, are hereby t crl.p.No.3731 of 2018 & Batch, decitled on 27.08.2018
) quashed. Further directed to return the seized proprerty on proper identification and verification under due acknowledlynrent As a sequel, the miscellaneous petitions p':rrding, if any, shall stand closed SD/- MOHD. ISMAIL DlPUTY REGISTRAR \-,t To, ABK/PSt YY //TRUE COPY// SiECTION OFFICER
1. The ll Additronal Junior Civil Judge Cum ll Additional Jrrc icial First Class Magistrate at Miryalguda, Nalgonda District 2 The ll Addit onal Judicial First Class Magistrate, Miryalag uda
3. The Station House Officer, Wadapalli Police Station. N lilonda
4. Two CCs to Public Prosecutor, High Court for the State ()f Telangana at Hyderabad [OUT]
5. One CC to Sri Bala lvlurali Y, Advocate [OPUC]
6. Two CD Copies
! HIGH COURT DATED: 1011012025
ORDER
CRLP.No.13136 of 2025 ALLOWING THE CRIMINAL PETITION ri,..-l\ ,_ ,)l 2q 2U5 il[T ] t! '.\ )- \. (.) /. t-: i it, qco@ lr 'fi('o!: