The High Court · 2025

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri HABEEB ABUBAKAR ALHAMED, Advocate for the Petitioner and E.GANESH Assistant Public Prosecutor on behalf of the Respondent No '1 and None Appeared for the Respondent No.2 The Cburt made the following: ORDER THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMI NA L PETTTIO N No.l479 I of 2025 ORDER This Criminal petition is filed under Section 52g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS,) the petitioner-accused No.1 seeking to quash the proceedings against him in FIR No.909 of 2025 of Attapur police Station, Cyberabad, registered for the alleged offences punishable under Sections 223 and 292 of Bharatiya Nyaya Sanhita, 2023 (for short 'BNS') and Section 21t76 of the Hyderabad City police Act, 1348F.

2. Heard Mr.Habeeb Abubakar Alhamed, learned counsel for the petitioner and tVlr.E.Ganesh, learned Assistant public Prosecutor appearing for respondent No. 1_State.

3. Learned counsel for the petitioner submitted that the petitioner has not committed any of the alleged offences as stated by the de facfo complainant. The petitioner has been running hookah centre by obtaining all the necessary permissions from the concerned authorities and he has complied with all safety sta\dards and the norms prescribed for operating a hookah centre. There are no grounds to interfere with the petitioner,s 2 E1]), J )rtp 14798-2025 business and reiterated that he had not committed lny offence' He further submitted that the petitioner is the wri: petitioner in W.P No.25766 of 2022, which was allowed by tt is Court on

08.122020 with certain directions to the Police not I I interfere in his day-to-day business and further the petitioner he ein who was running a hookah center, was directed to fc low certain guidelines. Pursuant to the directions issued by th s Court, the petitioner is running the hookah centre by fol owing such guidelines. He further submitted that the decision 'r Co-ordinate Bench of this Court in W.P.No.8223 of 2013 and tri rtch squarely applies to the present case. Hence, he prayed 1: quash the proceedings against the petitioner.

4. Learned Assistant Public Prosecutor subnri ted to pass appropriate orders.

5. Perused the record.

6. The petitioner is facing allegations under Se,; ions 223 and 292 of BNS and Section 21176 of the Hyderabad O ly Police Act, 1348F. 3 ETD, J crlp 14798_2025

7. Sections 223 and 292 of the BNS and Section 21ft6 of lfie Hyderabad City Police Act, 1349F, are extracted for the sake of reference as under:

223. Disobedience to order duly promulgated by public setu.ant: Who.e_ver, \ywing that, by an order promutgited by a pub.llc seNant lawfully empowered to promulgate suci order, he is directed to abstain from a ceftain act, or to take ceftain order with ceiain property rn his posses sion or under his m a n age me nt, disobeys such di rection, _ (a) shail, if such disobedierrce causes or tends to cause obstruction, annoyance or injury, or isk of obstruction, annoyance or injury, to any persons lavtfu y employed, be punished wilh simple impisonment for a term which may extend to six months or with fine which may extend to two thouiand five hundred rupees, or with both; (b) and where such disobedience causes or tends to cause danger to human life, heatth or safety, or causes or tends to cause a iot or affray, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to five thousand rupees, o, *ith boh.

292. Punishment for public nuisance in cases not otherwise provided for.-Whoever commits a public nuisance in any case not otherwise punishabte by this Sanhita shall be punished with fine which may extend to one thousand rupees.

21. Power to make rules for regutation of traffic and tor preseruation of otder, l)rn9 lCgrymissioner of City police, Hyderabadl [Substituted by Act A.P.A.O. 19571 may, from time to time. make rules not inconsistent with this Act in respect of the foltowing. Such rules shall, in case of c/auses (b) and (c), be subject toihe control of the Govemment and with regard to the remaining clauses, sanction of the Govemment shall be obtained piior to the enforcemenl of rules. (a)granting licences to persons wilting to accept emptoyment at places where goods is unloaded, and for the cairiage of passengers' baggage outside the limits of Railway stations and \ 4 ETD, J crlp,l4798 202-5 fixing a scale of charges and remuneration for labout rf persons so employed; (b)regulating traffic of all kinds in public streets or plt 'ic places, and regulating the use of streets and public places L '/ persons walking, driving. cycling or accompanying or leading c. tle, with a view to prevent danger, inconvenience or obstruct, )n to the public; (c)regulatng the conditions under which vehicles mav 5e parked PuuttL Ptovl,n. d,rl", r,rc uoE (,, lJrti U Dtlrrelo tt, yuuttu as temporary halting places for cattle and vehicles; (d)prescribing the number and position of lighls to ,t t used on vehicles passing through public streets or public l\ rcas, and regulating the manner of conveying timber, pole:;, bamboo, ladders, bars, iron beams boilers and other unvieldy a ticles and the route and hours for conveying such articbs; (e)prescribing. subject to any notice issued by the Municipal Commissrcner n this behalf . the roads along which ar ( the hours during whrch corpses may or may not be caniecl; (f)licensing for or regulating the following mafters an(t uhere it is likely to cause inconvenience. delay, danger or dari ge to the res/derfs or the persons passrng rn the vicinity, prohibil ng,- (i)the keeping of a place of public amusement or plat: of public entedainment. (ii)the playrng of music in public streets or public place r (ita)[ the using of a loud-speaker in any public place t places of public enteftainment,l [Amended by Act No.XXlV of 1!1. 2.] (iii)the lumination in public street, or public place, )r on any building adjacerlt to the public street, by persons ther than Government or Municipal officers authoised in this bel alf, (iv)the carrying through public streets or places of gLt oowder or other ex plosive substances. (v)blasting (g)regulating the entrance or exit at any place of public amusement or place of public enteiainment or at ant neeting or public assembly and providing for the maintenan.e of public peace and the prevention of disturbance at such plac|] : ETD, J crlp 14798 2025 (gg)[ regulating or prohibiting the sale of any ticket or pass for admission, by whatever name calted, to a ptace of public amusement;l [Amended by Act No.lX of 1951.] (h)where licence or ceiificate is required to be obtained under this Act, prescribing the procedure for obtaining it and fixing the fees for any such licence and ceftificate: [Provided firstly that no person, by viftue of anything contained in this section and licence granted under the rules rbsued under this section shall be authorised to impoft, export, transpori, manufacture, se/i or possess any liquor or intoxicating drugs in respect of which a licence or permit is required under [the Andhra Pradesh (Telangana Area) Abkari Act, 1316 F.l [provisos substituted by the A.P.A.O. 1957.1 (Act I of 1316 F.) or under any other law for the time being in force and that the tiability which may be incurred by any such person under such law or any law for the time being in force relaling to fireworks, explosives and arms shall not be affected in any way by anything contained in this section Provided secondly that a rule made under clause (g) sha not contain any condition requiing a licence for a place of public amusement, unless liquor, sendhi or any intoxicating drug as defined in the law for the time being in force is sotd in such places or unless such place is kept open for customers between 9 p.m. and 5 a.m.l (2)The power to make rules under sub-secfio, (1) shalt be sublect to the condition of the rules being enforced after publication and they shall be published in the [Official Gazette] [Substituted for the word'Jarida' by the A_P.A.O. 195t] in the manner specified in section 84. (3)Notwithstanding the provisions contained in this section or in any rules made thereunder, it shall always be lawtful for [Commissioner ot City Police, Hyderabad] [Substituted by Act A.P.A.O. 19571 to refuse a licence for or to prohbit the establishment of a place of public amusement or a place of pubtic enteftainment by a notoious scoundral or a bad character. Special Orders. 6 E'I'D, J ;rlp 14798_2025

76. Contravention of rules and orders lssued I lder this Act. - Woever,- (a)contravenes any rule made under section 21 of this , \ct or any other order or prohibition lavvfully given under sub-se: ion (3) of section 21 or section 22. or (b)refuses or fails to confom to any lavtful and .t asonable direction af any Police officer given in accordance wtt this Act, or with any rule made thereunder, or (cJopposes or disobeys or fails to conform to any dire;,on of the [Commissioner of City Police, Hyderabad] [Substitu\ d by Act A.P.A.O 19571 notified under section 26 of this Act, or abets opposilion or refusal to conform to such direction, shal,. (firstly)- for any contravention of a rule made under se t'ion 21 of this AcL if the said rule is made under subsection (a), 't ) or (c) or under clauses (first) and (second) of sub-section (fl, b= punished with fine which may extend to fifty rupees; and it the rule contravened is made under subsection (d) or (e) or urt er clause (third) or (foufth) or (fifth) of sub-section (0, be purri :hed with imprisonment for a term which may exlend to (8) days c -with fine which may extend to fifty rupees or with both (secondly)- if the offence constltules a contravent,c 1 of any prohibitory order made under sub-section (2) or subse] ion (3) of section 22 or clause (c) of this section. be puni: hed with imprisonment for a term which may extend to one mct,h or with fine which may extend to one hundred rupees or with t ( th, [and (thirdly)- rn olher cases, be punished with fine which rt ry extend to one hundred rupees.l [Added by Act No.XXV of 13fi F.]

8. A perusal of the complaint reveals that the cr ly allegation against the petitioner is that he is running hookah c( nter beyond permissible hours in order to get monitory benefits lnd creating public nLli5a-rice vtolating the order duly promulga:r d by public servant. The petitioner's contention is that he has nc,l created any I / 7 ETD. J ctlp 141982025 public nuisance duly violating any such promulgation and he has obtained all the necessary permissions from the concerned authorities. By obtaining these permissions, the petitioner has been operating the 'Hipes and Pipes', within which the hookah center is being run. Thus, the petitioner took all necessary steps to start the hookah center. Further, the petitioner was permitted to run hookah center by virtue of earlier order passed by this Court in W.P.No.25766 oI 2022.

9. ln Chidurata Shyamsunder vs The State Of Telanganal , it was observed that the act of purchase and sale of gutka products is not an offence. Gutka is a tobacco product. Hookah is also one of the tobacco products. Further, to attract Section 223 of the BNS, there should be promulgation, and there should be a violatron of the said promulgation. '10. ln Waheed lJddin Ahmed Ansar v. Principal Secretary Home Dept., and others2 a co-ordinate bench of this High Court has held as under:

23. lt is pedinent to state that "public placg'as defined under Section 3(t) of COTP Act. includes amusement centres, and the same is defined in "public place of amusement" under Secllons 1 crl.P.No.37l1 0f 2018 & batch, decided on 27.08.2018 2 2023 SCC Online T5 3761 8 ETD. J ctlp I4'l9E 2025 3(g) of City 27 potice Act. As per Chapter l of the I Act, the Commissioner of potice is having power to s and regulations for preservation of order. Futth(,t Section 32 of the City police Act, for enforcemenl under Sections 22, 23 and 24 of the City police Act. , o^tfjcel yay arrest any person without warrant. As pe 84 of the City police Act, police is having power I conditions etc., for obtaining /lcenses and- permits. , City Police Act, confers power over the a1 Centre{restaurants, which are defined as "pubtic ptat the COTP Act and as per Rule 4 of the prohibition c! in Public Places Rules, 2OOg permission is required : smoking area. ln view of the powers being confene Commissioner of potice, under the Crty piice Act. t are having power to supery,se fhe busrhess eslab/rsf the petitioners and seize the hookah centres if th<tt violation of the provisions of the COTp Act. The r esfab/rsh hookah centres, permission from the a authoity has to be obtained under the provisions of t) Act. The petitioners shall follow rules and regutations i the Commissioner of police from time to tiie for pn: of the public order. ty Police ;ue rules as per )f orders 1e police - Section , specify iince the usement e" under Smoking rccifying I on the re police nents of ) is any >fore, to ncerned 'y Police :sued by eruation

24. ln view of the aboye drscussion, this Couti is of tttt that imposing of ceftain conditions to run the Hooka\ would meet the ends of justice opinion Centres i) As Charcoal is being used for serving hookah in th. Centres, the petitioners shall obtain licence from the t C.orporation as spec/led under Section 521(1)(d ( I Hyderabad Municipal Corporation Act. 1955. ii) Since the Hyderabad City potice Act, 1348 Fastt power over the amusement Centres/restaurants v4 defined as 'public place,' under the COT7 Act and as 4 of the Prohibition of Smoking in pubtic places Ru,l pelligsign is required specifying smoking area. Ther, establish hookah centres, the petitioners ihatt obtai, , , permission from the concerned authority under the Sr of the City Potice Act. iii) The Hookah Centres are prohibited from ser t tobacco_product to the persons below the age of t years. Pictorial health_warning labels at the en'irance disptayed iy) Th9 resOondents-pohce are at tibefty to superr inspect the Hookah Centres. for any uiot"tio, ii ,, , "/regllat!9ng, guidetines or circulars issled unair tie p. of the Hyderabad City potice Act. I 34g Fasti Hookah runicipal Greater confers ich are 'er Rule s.2008 'fore. to :essary ;visions tg any ighleen .tust be se and =s and ,ylslons 9 ETD, J crlp 14798-2025 v) tf there is any violation of the provisions of the COTP Act and tlhe Rules made there under, the respondents-police are at tiberty to take appropriate action as per the provisions of the COTP AcL 25. Subiect to fulfilling the above conditions and also the provisiois of COTP act, tne respondents-police are directed not to inteiere wrth the bus,ness activity of the petitioners for running Hookah Centres. lf the police are foun! to act in a highhinded manner, the owners of the Hookah Centres are at liiefty to bring the same to the notice of the Director General of Potice/Comiissioner of Police, as directed by this Coui in Writ Petition No.32O2 of 2014 and batch, in which event the said authority shall forlhwith take necessary steps in that regard'

11. Therefore, in light of the afcrementioned discussion' relying upon the cited decision and since the petitioner was already permitted to run the hookah centre by this Court in W'P No'25766 of 2022, the Police are not supposed to interfere with the business conducted by the petitioner and continuation of criminal proceedings against the petitioner amounts to an abuse of the process of law and are liable to be quashed'

12. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No'1 in FIR No 909 of 2025 of Attapur Police Station, Cyberabad, are hereby quashed' As a sequel, the miscellaneous petitions pending' if any' shall stand closed SD/.C.DEEPIKA SSISTANT REGISTRA r //TRUE COPY// SECTION OFFICER To, .1. The lll Additional Junior Civil Judge-cum-XXV Additional Judicial Magistrate of FirslClass Ranga Reddy District at Rajendranagar ; i I i I

2. The station House offrcer, Attapur porice statron, Attapur, cyberabad District 3. One CC to SRt HABEEB ABUBAKAR ALHAT\4ED Advocate [OPUC] 4_ Two CCs to public prosecutor, High Court for the State of Telangana at Hyderabad [OUT] \ li 5. Two CD Cooies n-.VM/PSL HIGH COURT DATED: 1311112025 ORDER cRLP.No.14798 of 2025 t C Q E S14 t l AN 2026 (:r I I ALLOWING THE CRIMINAL PETITION )l t \t ,A 1/ \