Bhuli Bhukya, vs The State Of Telangana
2025 Latest Caselaw 6312 Tel

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.

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.

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

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

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