Allowed

Beerelli Ramesh v. The State of Telangana

Telangana HC1 Sept 2025CRLP/11149/2025

Case brief

AI extract

What is this about?

Petition to quash FIR over Gutka packets sale. Following earlier orders in Chidurala Shyamsunder and batch matters, court held such allegations similar and quashed proceedings, directing return of seized property.

What did the court decide?

Proceedings in Crime No.185 of 2025 quashed; SHO/IO directed to return seized property worth Rs.1,30,000 on proper identification and verification.

Beerelli Ramesh Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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t34441

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I I I I

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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MONDAY, THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETITION NO: 11149 OF 2025

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Between:

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Beerelli Ramesh, S/o.Sadashivam, Occ. Business, aged. 48years, R/o,^13- 91/D, Kataram Jayashankar Bhupalpally District.

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Petitioner/Accused-1

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Sathyam @ R.Satyanaryana, S/o.Kamalakar, Occu. business,^{aged 43 years,} R/o. i-10/3, Sri Padha Chowk, Manthani, Jallaram,^{ManthaniPeddapalli} district.

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...Petitioner/Accused-2

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AND

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The State of Telangana, Rep by its Public Prosecutor,^High Court^{for the} State of Telangana Hyderabad.

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The Sub-lnspector of Police, Kataram Police Station, Jayashankar Bhupalpally Dist.

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...RespondenUComplainant

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Petition under Section 528 of Cr.P.C^praying thatⁱⁿ the^{circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Courtmay} be^pleased to^quash the^{proceedingsin FIR No.'185} of^{2025 On the file of} Kataram Police Station, Jayashankar Bhupalpally^{District against the Petitioners.}

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LA. NO:2OF2025

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Petition under Section 528 of^{Cr.P.C praying} that^{in the circumstances} stated in the Memorandum of Grounds^{of Criminal Petition,the High Courtmay} be^pleased to direct the respondents/ 6"1rrm^{Police Station, Jayashankar} Bhupalpally District to release the^property 1) JK^{box containing20 packets} worth RS.450/- each (20 x 450=9000,^{2) Miraj} Box^{18 packetsw/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)^{Numberone01 bag,worth Rs.17,500/-each, (01 x 175001 =17,5001).Total}

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"lfryy,

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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.

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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.

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The Court made the following: ORDER

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THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA

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I I

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ffi

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CRIMINAL PETtTro NN o.1 1149 of 2025

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ORDER:-

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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, 2023.

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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.

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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.

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Learned Additional Public Prosecutor also submitted that the issue raised in the present Criminal Petition is covered by the earlier order passed in the aforementioned Criminal Petitions.

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I I

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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.

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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.

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