Telangana High Court
Samirulla Baig Mirza, vs The State Of Telangana on 20 November, 2025
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.15222 of 2025
ORDER:
This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioner/accused seeking to quash the proceedings against him in FIR No.576 of 2025 on the file of Hanamkonda Police Station, Warangal District, registered for the alleged offences punishable under Sections 271 and 275 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').
2. Heard Sri Y.Bala Murali, learned counsel for the petitioner and Mr.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.
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_15222_2025
5. Perused the record. It 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 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 infectious disease and further 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 in FIR No.576 of 2025 on the file of Hanamkonda Police Station, Warangal District, 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. 1 Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018 3 ETD, J Crl.P_15222_2025 As a sequel, the miscellaneous petitions pending, if any, shall stand closed.
_____________________________ JUSTICE TIRUMALA DEVI EADA 20.11.2025 lk 4 ETD, J Crl.P_15222_2025 THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15222 of 2025 Dated 20.11.2025 lk