Pavan Kumar Upadhyaya, vs The State Of Telangana
2025 Latest Caselaw 3578 Tel

Telangana High Court

Pavan Kumar Upadhyaya, vs The State Of Telangana on 18 August, 2025

       HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
            CRIMINAL PETITION No.10364 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 Crime No.415 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 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.

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.

ETD, J Crl.P_10364_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 Crime No.415 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.

Crl.P.No.3731 of 2018 & batch, decided on 27.08.2018

ETD, J Crl.P_10364_2025

As a sequel, the miscellaneous petitions pending, if any,

shall stand closed.

_____________________________ JUSTICE TIRUMALA DEVI EADA 18.08.2025 lk