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Manikanta Shetty 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 2026-01-19. Manikanta Shetty v. The State of Telangana,. Read the judgment and case details on LawSphereX.

Judgment text

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 351 OF 2026 Betwee n: Manrkanta Shetty, S/o Veeresh Shetty, Aged about 25 Years, Occ: Business, R/o. Narayanpet, Telangana . PETITIONER/ACCUSED AND The State of Telangana,, through S. H. O. Narayanpet Police Station, Narayanpet District, rep. by Public Prosecutor, High Court, Hyderabad ... RESPONDENT/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceeding against the Petitioner/Accused in Crime No. 3 of 2026 on the file of P. S. Narayanpet Police Station, Narayanpet District, and consequently direct the Police Narayanpet to return the seized material in Crime No. 3 of 2026 l. A.

NO: 2 OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated in the IVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to drrect the Potice Narayanpet to release the seized material i. e , 1. Miraj 09 Boxes (each Box Rs 78751) 2. Sagar Pan Masala 02 Bags, (Rs - - 43050/- ), 3. SR-1 Tobacco- 02 Bags (Rs, 287001) 4. Vimal Pan Masala - 02 Bags (Rs. 49,9201-),5. V-1 Tobacco - 02 Bags (Rs. 12,a80/-) Entire aforesaid Tobacco Products worth of Rs. 2,05,0251 in Crime No. 3 of 2026 on the file of P. S. Narayanpet Police Station, Narayanpet District to the Petitioner/Accused, pending disposal of the above criminal petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri BURRI GRAHESH, Advocate for the Petitioner and SRl.

JITHENDER RAO VEERAIVIALLA, Additional Public Prosecutor on behalf of the Sole Respondent The Court made the following: ORDER r) IN THE HIGH COURT FOR THE STATE OF TEL,! IGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA Dt: /IEADA CRIMINAL PETITION N o. 351 of 202ti Date:19. 01. 2026 Between Manikanta Shetty Petit tneriaccused AND The State of Telangana, through S. H. O. , Narayanpet Police Station, Narayanpet District, Represented by the Public Prosecutor, High Court, Hyderabad. Respond ent ORDER This Criminal Petition is filed under Section 528 of BNSS, 2023 seeking to quash the proceedings agarnst the petitioner/accused in Crime No. 3 of 2026, on the flrr of Narayanpet Police Station, Narayanpet District, registered f:- the offences punishable under Sections 223,272,275 of BNS ar I Section 20(2) of COTPA. .

) Heard Sri Burri Grahesh, learned cc r nsel for the petitioner/accused as well as Sri Jitender Rao \ sslsrnslla, the TID,I learned Additional Public Prosecutor appearing for the respondent No. 1-State 3. Learned counsel for the petitioner submitted that the present matter is squai'el'. , covered by the olders passed by this Ccurt in Crl. P. Nos. 12333 of 2024, 152 of 2020 and batch and in several other judgments and therefore prayed to quash the proceedings against the petitioner. 4. 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. 5. Perused the record. lt is evident that the allegations in the oresent case pe{ain to purchase, supply and distribution of Gutka 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 furlher, it is not a noxious food to attract the offence under Section 273 o'( lPC. lt is further observed that similar orders have been passed in Crl. P. Nos. '12333 of 2024, 152 of 2020 and batch, Crl. P. No. 10362 of 2025 and in several other nratters. i ,14. *o. rrrr, ot ro18 & batch, decided on 27. 08. 2018 I I ETD,1 6. Since the allegations in the present case ar: similar to the above said decisions, this Criminal Petition is allowe r in terms of the above said order. The proceedings against the petili ,ner/accused in Crime No. 3 of 2026, on the file of Narayanpet Police Station, Narayanpet District, are hereby quashed. Further, th , S1s116n porr.

Officer/lnvestigating Officer is hereby directed to rl urn the seized property on proper identification and verificat r n under due acknowledg ment 7 Miscellaneous petitions pending, if any, shall st rnd closed. SD/- A. JAYASREE ASSI iTANT REGISTRAR -\ \ , \=:: t\ //TRUE COPY/i SECTION OFFICER To, 1. The Judicial lr/agistrate First Class at Narayanapet, Narz yanapet District 2. The Station House Officer, Narayanpet Police Station, I'J trayanpet' Narayanpet District 3. One CC to SRI BURRI GRAHESH Advocate [OPUC] 4. Two CCs to Public Prosecutor, High Court for the State , f Telangana at Hyderabad [OUT] 5. Two CD Copies VM/PSL HIGH COURT DATED: 1910112026 I -. i:=: ,& )iAib (. \ . Z ORDER i 2[26 6 ttB CRLP. No. 351 ol 2O26 tJ I I Dts ALLOWING THE CRIMINAL PETITION OB h#

Source: High Court for State of Telangana. Archive: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.