Kolariya Mukesh vs The State Of Telangana
2025 Latest Caselaw 5589 Tel

Telangana High Court

Kolariya Mukesh vs The State Of Telangana on 19 September, 2025

         THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA

                  CRIMINAL PETITION No.12279 of 2025

ORDER:

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1. This Criminal Petition is filed under Section 528 of BNSS,

2023 seeking to quash the proceedings against the

petitioner/accused in Crime No.418 of 2025, on the file of Matwada

Police Station, Warangal District, registered for the offences under

Sections 272 and 275 of BNS, 2023.

2. Heard Mr.Nand Kishore Yadav, learned counsel for the

petitioner/accused as well as Mrs.Shalini Saxena, the learned

Assistant Public Prosecutor appearing for the respondent No.1-

State.

3. Learned counsel for the petitioner submitted that the matter is

squarely covered by the orders passed by this Court in

Crl.P.Nos.12333 of 2024, 152 of 2020 and batch and in several other

judgments and therefore prayed to quash the proceedings against

the petitioner.

4. Learned Assistant 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 pertain to sale of Tobacco products, 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 and tobacco products 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.418 of 2025, on the file of Matwada 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.

7. Miscellaneous petitions, if any pending, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Dt.17.09.2025 ysk

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