High Court · 2025

Raj Purohit.Surender.Singh g/o Raju Singh, Age 32 years, Occ. Business, K/o Bavupet vtflage, Mandal Elkathurthi, District Karimnagar Telangana State [t/adqsu Srinivas, S/o Venkat Rao. Age 62 years, Occ. Business, Rio H. No 16-1 1-16/20718, Shivapuram cotoiy, Hyiterabad, Oistiict HyieraUai, Telangana State ry4!I?] Geglot, S/o Bhanwartat, Age 70 years, Occ, Business R/o H.No. .15_ 7-373, Begumbazar, Hyder ab ad, Te-lan gana State ...PETIT|ONERS/ACCUSED No.1 to 3 AND The State of relangana, Represented by its pubric prosecutor, High court at Hyderabad sub lnspector of Police, Karimnagar Rurar porice station, District Karimnagar ...RESPONDENTS/COMPLAINANT Petition under section 528 of BNSS praying that in the circumstances stated in the Memorbndum of Grounds of criminal petition, the High court may be pleased to quash the proceedings against the petrtioners in cc No 1102 of 2o17 on the file of the Additional Judicial Magistrate of First class at Karimnagar in the circumstances mentioned above to meet the ends of justice. t.A. NO:2 OF 2025 Petition under section 482 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to stay of all further proceedings against the petitioners in cc No. 1102 of 2022 on the file of the Additional Judiciat Magistrate of First class at Karimnagar pending disposal of the matn case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petition and upon hearing the argunients of Mrs. A. RUPA DEVI, Advocate for the Petitioners and Sri JITHENDER RAO vEERAMALLA, Additionar pubric prosecutor (TG) on beharf of the Respondent No 1 and None Appeared for the Respondent No.2 The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI GRIMINAL PETITION No. 5584 OF 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings, against the petitioners in C.C.No.1102 of 2017 on the file of the Additional Judicial Magistrate of First Class at Karimnagar.

2. The petitioners are arrayed as accused Nos.1 to 3 in Crime No.62 of 2017 registered for the offences punishable under Sections 27O,273 of the lndian Penal Code.

3. Heard Ms.A.Rupa Devi, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondents

4. The prosecution case in brief is that the petitioners/accused Nos.'l to 3 are involved in selling and purchasing the banned Tobacco products and the Police concerned has seized the said Tobacco products worth of Rs.4O24l- from the possession of the petitioners.

5. Learned counsel for the petitioners would submit that a Coordinate Bench of this Court vlde Criminal Petition Nos.3731 and 2 NrR,/ Cr/.P.N0.5 i81 0J 2025 .,1 Batch on considering simirar ailegations and the merits quashed the proceedings against the petitioners therein. He further submits that the 2nd respondent has registered the present crime in violation of the orders passed by this Court. Hence, prayed for quashment of the proceedings against the petitioner in the crime. 6' Learned Additionar pubric prosecutor wourd submit that the petitioner has been found with the Tobacco products and investigation is pending. However fairly admitted that in the authority cited by the petitioners in the simirar circumstances, the proceedings against the petitioners therein were quashed. 7 . I have perused the materials on record

8. As per the prosecution, on 03.02.2017 at 14.15 hours, the complainanvSub rnspector of porice rodged a compraint aileging that the petitioner No.1 is running a sweet house at Bavupet village and petitioner Nos.2 and 3 are doing business at Hyderabad, and retailing tobacco products by procuring from unknown persons in Begumbazzar and seized tobacco products 1) Ambar Tobacco_100 pouches, 2)Madhavi Tobacco-60 pouches, 3)XXX_power Gutka_j26 pouches, 4)Saffron Blended MC Gutka-8O pouches, 5) MHKBR Saffron Blended Rebel-7O pouches and 6) Mirage swadeshi robacco-30 pouches, totar c 3 AITR,,r Cr/.P.Nai 584 oJ 202i worth of Rs.4024i- from the possession of the petitioners under the cover of panchanama

9. lt is pertinent to note that the related Notification No.501/FSS/l/2022 dated 07.01.2022, prohibiting manufacturing, storing, distribution, transportation and sale of gutka and pan masala in the entire State of Telangana, has been stayed by the Hon'ble Supreme Cou( of lndia in Shri Venkateshwara Traders v. Sfate of Telangana and others vlde SLA No.20441 of 2021 with SLP(C) No.1656 ot 2022. Thereafter, the Director General of Police, Telangana State issued Circular Memorandum in RC.No. 295/R1-NS/2022 wilh directions to the Station House Officers not to interfere with the business activities, who carry out the business as per rules of Food Safety and Standards Authority of lndia and also not to take any coercive measures against the tobacco traders as long as the order of the Hon'ble Supreme Court is in force

10. Having regard to similar factual position in the criminal petition relied on by the petitioner vide Crl.P.No.6235 of 2022 held that against the allegations of illegal sale and transportation of tobacco products the accusations under Sections 188, 269, 270,272, 273, 278, 328 read with Sections 511, 336, 409 and 42O of l.P.C., can not be maintained and quashed the proceedings against the petitioners therein. I I Nn(i Crl.P.Na.5581 ol2025

11. ln the instant petition, the prosecution for possession and allegation of sale arraigned the offences under Sections 272, 275 of BNS, 2023 as noted above, the conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition, for that reason, the proceedings against the petitioners stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.

12. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioners/accused Nos.1 to 3 in in C.C.No.1102 of 2017 on the file of the Additional Judicial Magistrate of First Class al Karimnagar, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// Sd/- A. JAYASREE TANT REGISTRAR s SECTION OFFICER _ _l To,

1. The Additional Judicial Magistrate of First Class at Karimnagar. 2. The Station House Officer, Karimnagar (R) police Station, Karimnagar 3. Two CCs to the Public Prosecutor, High Court at Hyderabad. (OUT) 4. One CC to SRl. A RUPA DEV|, Advocate [OpUC] s. Two CD Copies Rt'i uh HIGH COURT DATED: 2510412025 \ I ,3 -{ HE aj f^ o q J 17 JUil 2U5 9cSo6T6p!O t o c I ORDER CRLP.No.5584 ot 2025 The Criminal Petition is Allowed. fr-: \ €