Telangana High Court
Bhuli Bhukya, vs The State Of Telangana on 6 November, 2025
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.14362 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings against them in Crime No.44 of 2025 on the file of Bodu Police Station, Bhadradri Kothagudem, registered for the alleged offences punishable under Sections 274 and 275 of the Bharatiya Nyaya Sanhita (for short 'BNS').
2. Heard Sri Y.Bala Murali, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondents.
3. Learned counsel for the petitioners submitted that the matter is squarely covered by the orders of this Hon'ble Court in Crl.P.Nos.12333 of 2024, 152 of 2020 and batch and in several other judgments. Hence, he prayed that the proceedings against the petitioners be quashed.
4. Learned Additional Public Prosecutor also submitted that the issue raised in the present criminal petition is covered by the earlier order passed in the aforementioned criminal petitions. 2
ETD, J Crl.P_14362_2025
5. Perused the record. It is evident that the allegations in the present case under Sections 274 and 275 of the BNS pertain to the procurement and sale of Gutka packets, which are similar to the allegations considered in Chidurala Shyamsunder vs The State Of Telangana 1. In 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 infection disease and further that it is not a noxious food to attract the offence under Section 273 of IPC. It is further observed that similar orders have been passed in Crl.P.Nos.12333 of 2024, 152 of 2020 and batch, and in several other matters. 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 and 2 in Crime No.44 of 2025 on the file of Bodu Police Station, Bhadradri Kothagudem, 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.
6. Accordingly, this Criminal Petition is allowed. 1 Crl.P.No.3731 pf 2018 & batch, decided on 27.08.2018 3 ETD, J Crl.P_14362_2025
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_____________________________ JUSTICE TIRUMALA DEVI EADA 06.11.2025 GV 4 ETD, J Crl.P_14362_2025 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14362 of 2025 Dated 06.11.2025 Gv