The High Court · 2025

Petition under section 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings against the petitioners/accused No. r and 3 in crime No 558 of 2025 Subedari police station, warangal Distnct and return the seized material to the petitionersi accused, in these circumstances mentioned above to meet the ends of justice. l.A. NO; 2 OF 2025 Petition under Section s28 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to direct the Respondents to return.tobacco material 1) Anar Tobacco packets- 172x50O, worth Rs. 86,000/-, 2)Vl Tobacco packets_ 710 x 60, worth Rs. 42,600/- , 3) Vl King Tobacco packets- 334 x 80 worth Rs. 26,7201-, 4) J. K. 3320 Tobacco packets - '1 140 x 250. worth Rs. 2,85,000/- , 5)M. Gold Tobacco packets- 89 x 1000, worth Rs. 89,000/- , 6) Ambar Tobacco packets- 300 x 600, worth Rs. 1,80,000/-,7) Swagath Gold Tobacco packets' 51 x 600, worth Rs. 30,600/- , 8)Baba Black Tobacco packets- 584 x 300, worth Rs 1-75'2OOl- ' 9) RR Tobacco packets- 19 x 500. worth Rs. 9,500/- , 10) t)cuble Black Tobacco packets- 63 x 80, worth Rs.5,040/-, 11)Black Label Tobac;co packets 21 x50, worth Rs. 1,050/- , 12) DNS Tobacco packets- 13 x 100C, worth Rs. 13,000/-, 13) Balaji Baba Tobacco packets- 39 x 250. worth Rs. I 750/- , 14) Baba 120 Tobacco packets- 22 x 1000. worth Rs 22,0001- , 15) Baha 160 Tobacco packets- 4x750, worth Rs.3,000/-, 16) Thulasi Tobacco packets - 13 x 600, worth Rs. 7,8001 and 17) tViraj Tobacco packets- 35 x 50C, worth Rs. 17,5001' and the total worth of Rs. 10,03.760/- seized by the 2nd Flespondent in Crime No. 558 of 2025 of PS Subedari, Warangal District pendinE disposal of the main CASE l.A. NO: 3 OF 2025 Petition under Section 528 of BNSS Act, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitio r, the High Court may be pleased to stay of all further proceedings against the F'etttioners/accused No 1 and 3, in Crirre No 558 of 2025 Subedari Police Staticn, Warangal District pending disposal of the main case. This Petition coming on for hearing, upon perusin() the ll4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Smt. A. RUPADEVI, Advocate for the Petitioners and trtlr. JITHENDER RAO VEERTVALLA, the Additional Public Prosecutor (TG I on behalf of the Respondents. The Court made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.12525 ol2025 ORDER This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/accused Nos.1 and 3 seeking to quash the proceedings against them in FIR No.558 of 2025 on the file of Subedari Police Station, Warangal District, registered for the alleged offences punishable under Sections 272 and 275 rlw. 3 (5) of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS').

2. Heard Smt. A.Rupa Devi, 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 ot 2024, 152 o'( 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 i\sue raised in the present criminal petition is covered by the earlier order passed in the aforementioned criminal petitions. .4,--i ( t 2 ETD. J Crl.P 12525 2025

5. Perused the record. lt is evident that the al|-.lrations in the present case pertain to purchase and sale of Outka packets, which are similar to the allegations considered in Chidurala Shyamsunder vs The Sfafe Of Telanganat. ln flre said case it was observed that the act of purchase and sale 6f r;utka does not fall under Section 210 of IPC as it does not spread erny infectious disease and further it is not a noxious food to attracl the offence under Section 273 of lPC. lt is further observec that similar orders have been passed in Crl.P.Nos.12333 of 2,-024. 182 of 2020 and batch, and in several other matters.

6. Since the allegations in the present case ar€) similar to the above said decisions, this criminal petition is alloweC in terms of the above said order The proceedings i)gainst the petitioners/accused Nos.1 and 3 in FIR No.558 of 2025 on the fite of Subedari Police Station, Warangal District. are hereby quashed. Further, the Station House Officer/lnvesligating Officer is hereby directed to return the seized property on proper identification and verification under due acknowledgnrent. { rcrt.R$o.:231 of2ot8 & batch, deqded oo 27.oB.zO18 3 ETD, J Ctl.P l?525 ZO25 As a sequel, the miscellaneous petitions pending, if any, shall stand closed Sd/. G. JYOTHI ASSlsrANr REFISTRAR / //TRUE COPY// I secr$ililrrrcen To,

1. The lllrd Additional Judicial First Class Magistrate at Hanumakonda' 2. The Station House Officer, Subedari Police Station, Warangal District' 3. Two CCs to the Public Prosecutor, High Court of TS at Hyderabad (OUT) 4, One CC to Smt. A. RUPADEVI , Advocate [OPUC] 5. Two CD Copies Yy HIGH COURT DATED: 2410912025 I i I I t f I i I I l t , I I i I i i ! I : ORDER CRLP.No.12525 of 2025 -=i^':::i\ a-, a) () ''l \ \ 17 ti[lJ )n25 * This Criminal Petition is Allowed. ei) k<ac BJ\