Allowed

Kolariya Mukesh v. The State of Telangana

Telangana HC23 Apr 2025CRLP/5502/2025

Case brief

AI extract

What is this about?

Petition under Section 528 BNSS to quash proceedings for selling banned tobacco products. The Supreme Court had stayed the Telangana gutka/pan masala prohibition notification, and a coordinate bench quashed similar cases. Following that precedent, the High Court allowed the petition.

What did the court decide?

Proceedings in C.C.No.532 of 2025 against the petitioner/accused were quashed; miscellaneous applications closed.

Kolariya Mukesh Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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132171

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO

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WEDNESDAY THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENW FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 5502 OF 2025

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Between

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Kolariya Mukesh, S/o. Paramesh Kolariya, Aged. 36, Occ, Bussiness, R/o. 13'1 -'l 67, Warangal, T.S.

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...PETITIONER/ACCUSED

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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 at Hyderabad.

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S.Vitthal, Sub-lnspector of Police, P.S. Matewada, Warnagal.

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...RESPONDENTS

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Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Crimrnal Petition, the High Court may be pleased to quash the proceedings against the Petitioner/Accused in C.C.no. 53212025 of P.S. Matewada, Warangal and return the seized material and vehrcles in the interest of justice.

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l.A. NO: 2 OF 2025

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Petition under Section 528 of B.N.S.S. praying that in the circumsiances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings including the appearance of the Petitioner/Accused in C.C.no.53212025 of P.S. Matewada, Warangal.

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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 NANDA KISHORE AMARCHAND YADAV ,Advocate for the Petitioner and Sri Veeramalla Jithender Rao,the Additional Public Prosecutor (TG) on behalf of the Respondents.

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The Court made the following: ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION No. 5502 OF 2025

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ORDER

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This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short^{'BNSS, 2023')seeking} quashment of the proceedings, against the petitioner in C.C.No.532 of 2025 on the file of the lll Additional Judicial^{First Class Magistrate, at} Warangal.

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The petitioner is sole accused in Crime No.23 of 2025 registered for the offences punishable under Sections 272, 275 of Bharatiya Nyaya Sanhita ,2023 (for short^'BNS, 2023').

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Heard Mr.Nand Kishore Yadav, learned counsel for the^petitioner and Mr.Jithender Rao Veeramalla, learned Additional^Public Prosecutor, representing the respondents.

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The prosecution case in brief is that the^{petitioner/accused} is involved in selling and^purchasing the banned Tobacco^productsand the Police concerned has seized the said Tobacco^{products worth} of Rs.6,50,000L from his possession.

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Learned counsel for the^petitioner would submit that a Coordinate Bench of this Court vide Criminal Petition Nos.3731 and Batch, on

NTI\J

Cr/.P.N0.5502 of 2025

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considering similar allegations and the merits quashed the proceedings against the petitioners therein. He further submits that the 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.

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Learned Additional Public Prosecutor would submit that the petitioner has been found with the Tobacco products and investigation is pending. However fairly admitted that in the authority cited by the petitioners in the similar circumstances, lhe proceedings against the petitioners therein were quashed.

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I have perused the materials on record.

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As per the prosecution, on^j7 .01 .2025 at 1g..10 hours, the complainanUSub-lnspector of Police lodged a complaint alleging that the petitioner is running a kirana shop at Warangal, and retailing tobacco products by procuring from unknown persons and seized 13 bags tobacco products each bag contain 20 big Amber packets and 5 small Amber packets, which were total worth of Rs.6,50,000/- from the possession of the petitioner under the cover of panchanama.

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lt is pertinent to note that the related Notification No.501/FSS/|/2022 dated 07.01.2022, prohibiting manufacturing, {

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^r&/ Gl.P.No.5502^{of 2025}

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I \

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storing, distribution,^{transportation and sale of gutka and pan masalain} the entire state^{of Telangana, has beenstayedby the Hon'ble Supreme} Court of lndia in^{Shri VenkateshwaraTraders v' Stafe of Telangana} andothersvideSLANo.2044lof2O2lwithSLP(C)No.1656ot2022. Thereafter, the^{Director General of Police, Telangana state issued} CircularMemoranduminRC.No'295/R1-NS/2o22withdirectionstothe Station House^{Officers not to interfere withthe businessactivities' who} carry out the^{business as per rules of Food Safety and Standards} Authority of^{lndia and also not to take any coercive measures against} the tobacco^{traders as long as the order of the Hon'ble SupremeCourt} is in force

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Having^{regard to similar factual position in the criminalpetition} relied on by^{the petitioner videCrl.P'No'6235of 2022 held that against} theallegationsofillegalsaleandtransportationoftobaccoproductsthe accusations^{under Sections1BB, 269, 270,272,273' 278' 328 read} with Sections 511,^{336, 409 and 420 of l'P'C', can not be maintained} and^{quashed the proceedingsagainstthe petitioners therein'}

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ln the instant^{petition, the prosecutionfor possessionand} allegation of sale^{arraignedthe offences under sections272,275of} BNS,2023asnotedabove,theconclusionsdrawnintheearlier ..criminal^{petition are squarely measuring up the predicamentin the}

Nl-&/

Cr/.P.N0.5502 of 2025

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present petition, for that reason, the proceedings against the petitioner stands unsustainable. Accordingly, this Criminal Petition deserves positive consideration

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Resultantly, the Criminal Petition is allowed. The proceedings against the petitioner/accused in C.C.No.532 of 2025 on the file of the lll Additional Judicial First Class Magistrate, at Warangal, are hereby

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quashed.

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Pending miscellaneous applications, if any, shall stand closed.

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SD/. T.TIRUMALA DEVI EPUTY REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The lll Additional Judicial First Class Magistrate At Warangal. 2. The Station House Officer, ttlatwada Police Station, Warangal District.

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One CC to SRI NANDA KTSHORE AMARCHAND YADAV, Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State of Telangana at HyderabadIOUT].

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