Sathyam @ R.Satyanaryana v. The State of Telanganal. ln the said case
Case at a glance
Outcome
Allowed
above said decisions, this Crlminal Petition is allowed in terms of the
Provisions considered
- Bharatiya Nagarik Suraksha Sanhita, 2023 s. 528
- Bharatiya Nyaya Sanhita, 2023 ss. 225, 272
- Indian Penal Code, 1860 ss. 270, 273
Key paragraphs
- Para 66. Since the allegations in the present case are similar to the above said decisions, this Crlminal Petition is allowed in terms of the above said order. The proceedings against the petitioners/accused Nos.1 & 2 in Crime No.185 of 2025, on the file of Kataram…
Judgment
2. Sathyam @ R.Satyanaryana, S/o.Kamalakar, Occu. business, aged 43 years, R/o. i-10/3, Sri Padha Chowk, Manthani, Jallaram, Manthani Peddapalli district. ...Petitioner/Accused-2 AND
The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana Hyderabad.
The Sub-lnspector of Police, Kataram Police Station, Jayashankar Bhupalpally Dist. Petition under Section 528 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 quash the proceedings in FIR No.'185 of 2025 On the file of Kataram Police Station, Jayashankar Bhupalpally District against the Petitioners. ...RespondenUComplainant LA. NO:2OF2025 Petition under Section 528 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 direct the respondents/ 6"1rrm Police Station, Jayashankar Bhupalpally District to release the property 1) JK box containing 20 packets worth RS.450/- each (20 x 450=9000, 2) Miraj Box 18 packets w/Rs.170 each (18 x 17O = 3060/-), 3) Amber Packets 200, worth Rs.190/-each (200 x 190 =380001 ),4) Vimal with pouch 02 bags, worth Rs.120/-25000 each(02 x 250001=50,000/- ),5) Numberone 01 bag, worth Rs.17,500/-each, (01 x 175001 =17,5001). Total I i I I I I I i I i I I I i I I I I I I "lfryy, WRs.1,30,000/-,seized in FIR No.185 of 2025 on the file of Kataram Police Station, Jayashankar Bhupalpally District in favor of the petitioners. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri y. Bala Murali, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Responclent No.1 and None appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETtTro NN o.1 1149 of 2025 ORDER:- 1. This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedings against the petitioners/accused Nos.'l & 2 in Crime No.185 of 2025, on the file of Kataram Police Station, Jayashankar Bhupalpally District, registered for the offences punishable under Sections 272 and 225 of BNS,
2. Heard Sri Y.Bala Murali, learned counsel for the petitionersiaccused Nos.1 & 2 as well as Sri Jitender Rao Veeramalla, the learned Additional public prosecutor appearing for the respondent No. 1 -State.
Learned counsel for the petitioners/accused Nos.1 & 2 submitted that the matter is squarely covered by the orders passed by this Court in Crl.P.Nos.12333 of 2024, 152 of 2O2O and batch and in several other judgments. Hence, prayed to quash the proceedings against the petitioners/accused Nos.1 & 2.
Learned Additional Public Prosecutor also submitted that the issue raised in the present Criminal Petition is covered by the earlier I I order passed in the aforementioned Criminal Petitions. %
Perused the record. lt is evident that the allegations in the present case pertain to purchase and sale of Gutkil packets, which are similar to the allegations considered in Chidurala Shyamsunder Vs.The State of Telanganal. ln 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. lt is further observed that similar orders have been passed in Crl.P.Nos.'12333 of 2024, 152 of 2O2O and batch and in several other matters.
Operative part
Since the allegations in the present case are similar to the above said decisions, this Crlminal Petition is allowed in terms of the above said order. The proceedings against the petitioners/accused Nos.1 & 2 in Crime No.185 of 2025, on the file of Kataram Police Station, Jayashankar Bhupalpally District, are hereby quashed. Further, the Station House Officer/lnvestigating Officer is hereby directed to return the seized property on proper irlentification and verification under due acknowledgment.
Miscellaneous petitions, if any pending, shall stand closed. SD/- B, REKHA RANI ANT R EGISTRAR AS t //TRUE COPY// SECTION OFFICER To, I I The Station House Officer, Katarm Police Station, Jayashankar Buhupalpally, District. Two CCs to the Public Prosecutor, High Court for the Sitate of Telangana at Hvderabad [OUT] Ohe CC to Sri Y. Bala Murali, Advocate [OPUC] Two CD Copies 1 2 3 4 HIGH COURT DATED:01 10912025 ORDER CRLP.No.11149 o12025 t:' t /. :. l: '\ ' -.. \.'i i ai:\ ,. ,.\' \, , '] t,'. ;l i O B SEP 206 ':,, t..1. '-_)? ALLOWING THE CRIMINAL PETITION /
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: above said decisions, this Crlminal Petition is allowed in terms of the
Which statutory provisions did this judgment involve?
Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 528; Bharatiya Nyaya Sanhita, 2023 — ss. 225, 272; Indian Penal Code, 1860 — ss. 270, 273.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.