Goli Santhosh v. The State of Telangana

represented by Public Prosecutor, High Court at Hyderabad

#2. Sri. Ettaboina Srinivas, S/o. Ramaswamy, Age. 53 Years, Occ. Deputy Tahsildar (CS), Station Ghanpur Division, Jangaon District. Cell No. 9849576143 ..RESPONDENTS/COMPLAINANTS 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 charge sheet in C.C. No. 1631 of 2025, on the file of the Junior eivil Judge - Cum- Judicial First Class Magistrate, at Ghanpur, Jangaon District, as against the petitioner/Accused No. 1, and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice l.A. NO: 2 OF 2026 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 stay of all further proceedings including appearance of the petitioner/Accused No. 1 in C.C. No. 1631 of 2025, on the file of the Junior Civil Judge - Cum- Judicial First Class Magistrate, at Ghanpur, Jangaon District, and to pasl such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K VENUMADHAV, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the ResPondent No.2. The Court made the following: ORDER IN ]'HE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD T}IE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.447 of 2026 DATE OF ORDER:- 20.01,2026 Betweelr: Goli Santhosh, R/o.Jangaon District. AND The State of Telangana rep. by its Public Prosecutor, High Court at Hyderabad & another .. Petitioner/Accused No.1 ...Respondents ORDER: 1. This criminal Petition is filed under section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused No.1 in C.C.No.1631 of 2025, on the file of the learned Junior civil Judge -cum- Judiciat First class fv&rgistrate at Ghanpur, Jangaon District, registered for the offence punishable under section 420 of IPC and section T of Essential Commodities Act, 1955.

#2. Heard Sri K.Venumadhav, , learned counset for the petitiryrer/accused No.1 as well as Sri Jitender Rao Veeramaila, the t 2 EIDJ Cd.P.No.447 _2026 learned Additional Public Prosecutor appearing for the respondent No.1- State.

#3. The specific allegation against the petitioner is that he used to procure PDS Rice from villagers at lower price for selling the same at higher price and on 09.02.2024 at 17:45 hours, the petitioner was found in possession of 35 plastic bags of PDS rice weighing about

39.80 Quintats and 175 bags of PDS broken rice weighing 87.40 Quintals.

#4. Learned counsel for the petitioner would further submit that without there being any complaint from any beneficiary alleging that the Rice was procured deceptively or, with a criminal intent, charging the petitioner for prosecution is untenable and improper. The allegations leveled against the petitioner cannot be sustained. Further, this Court in Crl.P.Nos.5709 of 2019 and 33493 of 2O15, white considering the same situation, categorically observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings. The petitioner herein is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner:. I i I i I I 3 ETDJ Crl.P.No.447 2025

#5. The learned Additional Public Prosecutor has submitted that as per prosecution, the offences said to have been committed by the petitioner is cheating and violation of sections 7 and B of the Essential Commodities Act, 1955 and hence requested to pass appropri:rte orders.

#6. Perused the material available on record.

#7. Sections 7 and 8 of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioner herein herd procured PDS Rice from the beneficiaries after supply from the rlealer.

#8. A ooordinate Bench of this court in crt.p.No.7227 of 2025 has considered the identicalfacts and observed that:- "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to part with the supptied pDS rice or the beneficiary entrusted the pDS rice purchased by them with the petitioners and they dishonestty misappropriated or con'rcrted to their own use or used it in viotation of a lawfut direction or c:ontract. tn the absence of essential factors, on the face of prosecution, this court finds it to be a fit case to exercise the jurisdiction under Secfion 528 of BNSS, 2023. Thus, continuance of proc:eedings against the petitioners rs abuse of process of law.,, \ \ i 4 EIOJ Crl.P.No.447 _2026

#9. The facts and circumstances of the present case also are similar to those in the above case and hence, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of BNSS, 2023 by applying the same analogy and to quash the proceedings against the petitioner herein

#10. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.1 in C.C.No.1631 of 2025, on the file of the learned Junior Civil Judge -cum- Judicial First Class Magistrate at Ghanpur, Jangaon District, are hereby quashed.

#11. Miscellaneous petitions pending, if any, shall stand closed. SD/. P. PONNA KRISHNA ASSISTANT REGISTRAR To, //TRUE COPY// ON OFFICER

#1. The Junior Civil Judge - Cum- Judicial First Cla strate, at Ghanpur, Jangaon District, The Station House Officer, Police Station, Chilpur, Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to SRI K VENUMADHAV Advocate (OPUC) Two CD Copies on District 2 3 4 5 TPI(PSL HIGH COURT DATED:20l01 12026 / /1 r6- o C) 0 g ttB 2126 I r) -V t"d.l'., t ORDER CRLP.N|o.447 of 2026 CRIMINAL PETITION IS ALLOWED KS -h1,,