High Court · 2025

The State of Telanoana Rep by its public prosecutor, High Court for the State of Telangan jHyderabad. The Sub-lnspector of police, AJ Mills Colony police Station, Warangal Dist. ...RESPONDENT/COMPLAINANTS Petition under section 52g of BNSS, praying that in the circumstances stated in the Memorandum of Grounds of criminar'pe-tition, the iigt c.r.t;lvi. pleased_to quash the proceedings in FIR No_ 2gl of 2o25 on the file of AJ Milts Colony Police Station, Warangalbistrict against the Fetitioner and pass l.A. NO:2 oF 202s Petition under section 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar'pe-tition, the Hrgn C"u.t ,ay o" pleased to direct the respondents / AJ Miils corony porice siation, waraigar Dislrict to release the property 'r).swagath- soxsoo-15ooo r- 2) Ana,r- 2'sxsoolool- 3).Ambar -29 x 5000- 145oot-. 4).Ril/D-1000- 120oot- 5).JK-s35x200-670oot-, 6)MGord-3x1000-3000/-, 7),Baba brack-29x250=zisol- ai nn-rroxsoo_lsoool_ :)rit:-1orfo0-5000/- 10lv-1-124x 50-6200/-, rr;.vimar-riox 2e2oot-i",r.o ,n FIR No. 281 ot 202s on fire of AJ Miils corony porice station, warangit oi.triJ i, favor of the petitioner and such other order. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri BALA MURALI Y, Advocate for the petitioner and Sri Jithender Rao Veeramafia, the Additional Pubric Prosecutor on beharf of the Respondent No..t and none appeared for the Respondent No.2. The Court made the fo owing: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMIN AL PETITIO N No.702 10F 202ti ORDER This Criminal petition is filed under Section S2g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,) seeking quashment of the proceedings , against the petitioner in Crime No.2g1 of 2025 of AJ Mills Colony police Station, Warangal Distr ct. 2' The petitioner is sore accusedin crime No.2B1 0f 2,2'registered for the offences punishabre under sections 272 and 275 0f Bharatiya Nyaya Sanhita,2023 (tor short ,BNS, 2023,).

3. Heard Mr. y.Bala Murali, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional publi,; prosecutor, representing the respondents.

4. The prosecution case in brief is that the petitiont:r/accused is involved in serring and purchasing the banned robacco ,roducts and the Police concerned seized the said Tobacco products.

5. Leamed counsel for the petitioner would subnrit that the Coordinate Bench of this Court vide Criminal petition N.s.373.1 and Batch quashed the proceedings against the petitioners therein by passing common order dated 27.0g.201g. He further subrnits that the 2 NT&/ Crl.P.No.7021 0f2025 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 Additional Public Prosecutor would submit thatthe petitioner has to face either investigation or trial and prove his innocence and instead of doing so, he has filed the present criminal petition, which cannot be considered at this stage

7. I have perused the materials on record.

8. As per the prosecution,on 15.05.2025 al '1 1.15 hours, the complainanU Sub lnspector of Police lodged a complaint alleging that the petitioner is running a kirana shop at Shivanagar, Warangal, and by purchasing tobacco products banned by the Government from unknown persons at Beedar of Karnataka State, selling the same at his kirana shop. Accordingly, the complainant and his staff apprehended the petitioner and seized tobacco products viz., 1) Swagath-30x500= Rs15000/-, 2)Anar 25x500=Rs.12,5001, 3) Ambar 29x5000= Rs.14,5001, 4) RMD-l2x1000= Rs.12,000/-, 5) JK-335x200=67,000/-, 6) M Gold-3x1000= Rs.300Ol-,7) Baba black-29x250= Rs.7,2501, 8) RR-110x500=Rs.55,0001, 9) Mirja-10x500= Rs.5000/-, 10) V-1- 124x50=Rs.6,2OOl- and 1'l ) Vimal-146x200= Rs.29,2001 under cover of r Panchanama l I 3 Arr&/ C '/.P.N0.7021 of 2025

9. The related Notification No.50'l/FSS/|/2022 dated 07.01 .2l22,prohibiting manufacturing, storing, distribution, transportation and sale of gutka and pan masala in the -'ntire State of Telangana,has been stayed by the Hon'ble Supreme Court of lndia in Shri Venkateshwara Traders v. State of Telangana an'd others vide SLA No.20441 of 2021 with SLP(C) No.1656 ot 2022. l'hereafter, the Director General of Police, Telangana State iss ued Circular Memorandum in RC.No.295/R1-NSi2022 with 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 Standarrls Authority of lndia and also not to take any coercive measures again:;t the tobacco I I traders as long as the order of the Hon'ble Supreme Coun. is in force.

10. Having regard to this factual position, a Coordinate Bench of this Court in Crl.P.No.6235 of 2022 held that against the allegations of illegal selling and.transportation of tobacco products the Sections 1BB, 269,270,272,273,278, 328 read with Sections 51 1, 336, 4OQ and 420 of l.P.C.,would not aftract andquashed the proceedings against the petitioners therein.

11. ln the instant petition, the prosecution for po,;session and allegation of sale arraigned the offences under Sections 272 and 275 of ,BNS,2023 .--,1 NIR,JT Cr/.P.No-7O21 of2025

12. As noted above, lhe conclusions drawn in the earlier criminal petition are squarely measuring up the predicament in the present petition

13. For that reason, the proceedings against the petitioner stand unsustainable. Accordingly, this Criminal Petition deserves positive consideration.

14. Resultantly, the Criminal Petition is allowed. The proceedings against the petitioner/accused in Crime No.2B1 of 2025 of AJ Mills Colony Police Station, Warangal District, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- A.V.S. PRASAD DEPUTY REGISTRAR SECTION OFFICER To,

1. The I Additional Judicial Magistrate of First Class, Warangal 2. The Station House Officer, Police Station, AJ Mills Colony, Warangal 3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) 4. One CC to SRI BALA MURALI Y Advocate Advocate toPUCl 5. Two CD Copies Tpk/gh HIGH COURT DATED: 1310612025 FiE Sf4 14. o r) o,+ 01JUt m of ".r rr€-O ((\( ,' Z C., -a+ ORDER CRLP.N 0.7021 ot 2025 CRIMINAL PETITION IS ALLOWI=D @ 0 ,\