Syed Mohd Mustafa Etesham, v. The State of Telangana
Court: High Court for State of Telangana
Bench: TIRUMALA DEVI EADA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2025-11-28. Syed Mohd Mustafa Etesham, v. The State of Telangana. Read the judgment and case details on...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TWENry EIGHTH DAY OF NOVEMBER TWO THOUSAND AND TWENW FIVE PRESENT THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETIT ION NO 15719 0F 2025 Between: 1. Syed Mohd Mustafa Etesham, S/o. Syed lbrahim Azghar, Age. 20 years. occ. Studenr, R/o. H-No. H. No 16_4:37, anpman-n-oJa, cii"lnrii;J, Hyderabad - 500024. 2 Ab{ulla Mehdi,, S/o_Syed 9y"9 Mohd Aftab Mehdi, Age. 20 years, Occ Student, Rl/o H No i6-4-37t1' Anjuman noio bnantna"guoa-riGiioii"- 500024 ... Petitioner/Accused No. 4 & 5 AND 1. The State of Tetanoana, public by its prosecutor, . Bep. Through Station House Officer, Matak-pet polic€j Staiio;- 2. Shri. P Naresh, S. l. of Malakpetpolice Station ... Respondents/Com plainants Petition under section 528 of B. N. S. S. praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court may be pleased to quash the charge sheet filed in cc. No.
1613 ot 2025 on the file of the court of the vll Addl chief Judicial Magistrate at Nampally Hyderabad filed against the Petitioners herein on the fire of Malakpet p. s uisec 20 (2) of the COTPA Act Sectron 223 of BNS. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal petjtion and upon hearing the arguments of sri omar A Pasha, Advocate for the petitioner and sri Jithender Rao Veeramafla, Additional Public Prosecutor on beharf of the Respondent No. 1 and none appeared for the Respondent No. 2. The Court made the following: OROER THE HON'BLE SMT. JUSTICE TIRUMALA DE\1 EADA CRIMINAL PETITI ONN o. 15719 of 2025 ORDER This Criminal Petition is filed under Section i2g of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for shorl BNSS,) by the petitioners/accused Nos. 4 and 5 seeking to luash the proceedings against them in C. C. No.
1613 of 2025 or the file of Vll Additional Chief Judicial N4agistrate at Nampally, iyderabad District, registered for the alleged offences punist. : ble under Section 223 of Bharatiya Nyaya ,BNS,) Sanhita, 2023 (for stort and Section 20 (2) of The Cigarettes and Othe,r Tobacco Products (Prohibition of Advertisement and Regulatio r of trade and Commerce, Production, Supply and Distributionl Act, 2003 (for short'COTPA'). 2. Heard Mr. Omar A. pasha, learned counse for the petitioners and Sri Jithender Rao Veeramalla, learned \dditional Public Prosecutor appearing for the respondents. 3. Learned counsel for the petitioners submittert that the matter is squarely covered by the orders of this Hon,b t Court in Crl. P. Nos. 12333 ot 2024, 152 of 2O2O and batch and ir several other judgments Hence, he prayed that the proceedin,;; against thglpetitioners be quashed. / z 1:. E fD, J Crl . P 1 57 19 2025 submitted that Public Prosecutor also 4.
Learned Additional petition is covered by the present criminal the issue raised in the in the aforementioned criminal petitions' earlier order passed 5'Perusedtherecord. ltisevidentthattheallegationsinthe packets' purchase and sale of Gutka present case pertain to in Chidurala which are similar to the allegations considered ln the said case it The Sfate Telanganal ' Shyamsunder vs Of the act of purchase and sale of gutka does nol was observed that any infectious 27O of IPC as it does not spread fall under Section it is not a noxious food to attract the offence disease and further Section 273 of IPC' lt is further observed that similar under orders have been passed in Crl'P Nos'12333 of 2024' 152 of 2O2O and batch, and in several other matters' present case are similar to the 6. Since the allegations in the petition is allowed in terms of this criminal above said decisions, above said order. The proceedings against the the petitioners/accused Nos.
1 and 2 in C'C No'1613 of 2025 on the fileofVllAdditionalChiefJudicialtVlagistrateatNampally, Hyderabad District, are hereby quashed' Further' the Station return the Officer is hereby directed to House Officer/lnvestigating & batch, decrded on 27'08 2018 ' crl. P. No. 3731 of 2018 I E'fD, J )1. P 15719 2025 seized property on proper identification and verificatir n under due acknowledgment As a sequel, the miscellaneous petitions pei Jing, if any, shall stand closed. SO/-C. DEEPIKA ASSISI ANT REGISTRAR 6 //TRUE COPY// rS:CTION OFFICER To, 1 The Vll Addl Chief Judicial Magistrate at Nampally Hyderat rd. 2 The Station House Officer, Malakpet Police Station, Hyderz:ad. 3 One CC to Sri. Omar A Pasha Advocate [OpUC] -l 4 Two CCs to Public Prosecutor, Hlgh Court for the State of :langana lourl 5 Two CD Copies. YJR /PSL J Y{4 I HIGH COURT DATED:2811112025 ORDER B 4 trc 2Ui ,-'| CRLP. No. 15719 ot 2025 ,L,)i \: ,;)" ALLOWING OF THE CRIMINAL PETITIO] I. I
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.