Ashok Repala, vs The State Of Telangana
2025 Latest Caselaw 5366 Tel

Telangana High Court

Ashok Repala, vs The State Of Telangana on 9 September, 2025

     THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
            CRIMINAL PETITION No.11616 of 2025
ORDER:

1. This Criminal Petition is filed under Section 528 Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') seeking to

quash the proceedings against the petitioner/accused in FIR

No.235 of 2025, on the file of Parkal Police Station, Warangal

District, registered for the alleged offences punishable under

Sections 272 and 275 of Bharatiya Nyaya Sanhita (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_11616_2025

5. Perused the record. It is evident that the allegations in the

present case under 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, 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 petitioner/accused in FIR

No.235 of 2025 on the file of Parkal 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. In light of these observations, the above

mentioned petitions are disposed of accordingly, as the

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

ETD, J Crl.P_11616_2025

allegations in the present case are similar to the matters

discussed above.

6. Accordingly, this Criminal Petition is allowed.

7. As a sequel, miscellaneous petitions pending, if any, shall

stand closed.

_____________________________ JUSTICE TIRUMALA DEVI EADA

Dt.09.09.2025 Ggd/ysk