Telangana High Court
Deorattey Lekhraj Yadav vs The State Of Telangana on 17 November, 2025
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.14967 of 2025
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused No.1 seeking to quash the proceedings against him in Crime No.208 of 2023 on the file of Attapur Police Station, Cyberabad District, registered for the alleged offences punishable under Sections 188 and 273 of the Indian Penal Code, 1860 (for short 'IPC') and Section 20(2) of the Cigarettes and Other Tobacco Products (Prohibition of Advertisement and Regulation of Trade and Commerce, Production, Supply and Distribution) Act, 2003 (for short 'COPT Act').
2. Heard Sri Habeeb Abubakar Alhamed, learned counsel for the petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondents.
3. Learned counsel for the petitioner 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 petitioner be quashed.
2
ETD, J Crl.P_14967_2025
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.
5. Perused the record. It is evident that the allegations in the present case under Sections 188 and 273 of IPC 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.
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.1 in Crime No. 208 of 2023 on the file of Attapur Police Station, Cyberabad District, are hereby quashed. Further, the Station House Officer/Investigating Officer is hereby 1 Crl.P.No.3731 pf 2018 & batch, decided on 27.08.2018 3 ETD, J Crl.P_14967_2025 directed to return the seized property on proper identification and verification under due acknowledgment.
7. As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_____________________________ JUSTICE TIRUMALA DEVI EADA 17.11.2025 gv 4 ETD, J Crl.P_14967_2025 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14967 of 2025 Dated 17.11.2025 gv