Deorattey Lekhraj Yadav vs The State Of Telangana
2025 Latest Caselaw 6513 Tel

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.

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

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

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

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