Akinapalli Vamshidhar vs The State Of Telangana
2025 Latest Caselaw 5627 Tel

Telangana High Court

Akinapalli Vamshidhar vs The State Of Telangana on 22 September, 2025

     THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
            CRIMINAL PETITION No.12367 of 2025
ORDER:

This Criminal Petition is filed under Section 528 Bharatiya

Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the

petitioners/accused Nos.1 and 2 seeking to quash the

proceedings against them in FIR No.362 of 2025 on the file of

Matwada Police Station, Warangal District, registered for the

alleged offences punishable under Sections 272 and 275 of

Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

2. Heard Sri Y.Bala Murali, learned counsel for the petitioners

and Mr.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_12367_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

petitioners/accused Nos.1 and 2 in FIR No.362 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.

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

ETD, J Crl.P_12367_2025

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

shall stand closed.

_____________________________ JUSTICE TIRUMALA DEVI EADA 22.09.2025 lk