The High Court · 2025

5- Moutam Srinu, s/o Sanjeev, age . 26 years, Occ. Business, R/o H.No. 16- 382/3,CRNagar, Bhupalapalli town and Mandal of Jayashankar Bhupalapalli district

6. Yellanki Verankumar, s/o Bhadraiah,age. 44 years, Occ. Business, Rio H.No. 8-4-60011, Ganeshnagar, Karimnagar Town and District 7, Chintha Sadanandam, S/o Mondaiah, Age 44 Years., Occ.Business R/o Pothireddipet v/o Huzurabad Mandal, Karimnagar district I AND '1 . The State of Telangana, represented by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.

2. lndrala Mallesham, s/o Komuraiah, age. major, Occ. Deputy Tahsildar (civil supplies) , R/o Kunchanpalli v/o Husnabad Mandal, Siddipet District ...PETITIONERS 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 and set aside the proceedings in C,C.No. 830 ot 2022 arising from Crime No. 9 of 2018 of the Police Station Kataram on the file of the Additional Judlcial Magistrate of the First Class , Bhupalapalli. ...RESPONDENTS l.A. NO: 2 OF 2021; 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 all further proceedings including the appearance of the petitioners in C.C.No. 830 of 2022 on the file of the Additional Judicial Magistrate of the First Class Bhupalapalli. This Petition coming on for hearing. upon perusing the l\rlemorandum of Grounds of Crrrninal Petition and upon hearing the arguments of Sri R. Laxminarasimha Rao, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor, High Court for the State of Telangana, Hyderabad on behalf of the State/ Respondent No.'1 . The Court made the following: ORDER: THE HONOURABLE SMT. JUSTICE TIRUMALA DEVIEADA CRIMINAL PETITION No.947 of 2025 ORDER: 1. This Criminal petition is filed by the petitioners/accused Nos.1 to 7 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in C.C.No.B30 of 2022 on the file of the learned Additional Judicial lr4agistrate of First Class, Bhupalapalli, Jayashankar Bhupalapalli District, registered for the offences under Section 420 IPC and Section 7 of Essential Commodities Act, 1955.

2. Heard Sri R.Lakshmi Narsimha Rao, Iearned counsel for the petitioners/accused Nos.1 to 7 as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1 -State

3. Learned counsel for the petitioners submits that the specific allegation against the petitioners/accused Nos.1- 7 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 12.01 .2018 at about 02.00 hrs, the petitioners were found in possession of 112 plastic bags of PDS rice totalling 58 quintals 90 Kgs.

4. Learned counsel for the petitioners/accused Nos.'l-7 would submit that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. T'he allegations on their face value cannot be sustained against the alleged offences. Further, this Court in Crl.P.Nos.5709 of 2019 and 33493 of 2015 while considering the same situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners

5. The learned Additional Public Prosecutor subnritted that as per prosecution the offence said to have been conrmitted by the petitioners s cheating and violation of Sections 7 and B of the Essential Commodities Act, 1955 and requested to pass appropriate orders.

6. Perused the material available on record.

7. Sections 7 and B of the Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abatement in this regard is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer. The situation does not amount either intervening with the supply or distribution or trade of the PDS rice as the material rice had reached the beneficiary. 3 B. That apart, there is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or converted to their own use or used it in violation of a laMul direction or contract. ln the absence of essential factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Further, a Coordinate Bench of this Court Crl.P.No.13758 of 2018 has considered identical case facts and drawn similar conclusions. Thus, continuance of proceedings against the petitioners is abuse of process of law

9. ln view of the foregoing discussion, the Criminal Petition is allowed and the proceedings in C.C.No.B30 of 2022, pending on the file of the learned Additional Judicial Magistrate of First Class, Bhupalapalli, Jayashankar Bhupalapalli District, against the petitioners/accused Nos.1 to 7, are hereby quashed.

10. Miscellaneous petitions, pending if any, shall stand closed //TRUE COPY// SDi. K. BHAVANI SWAMY ASSISTANT REGISTRAR & SECTION OFFICER I To, '1. The Judicial Magistrate of First crass, Manthani, Jayashanker Bhooparpaly District.

2. The Station House Officer, Kataram police Station, District

3. One CC to Sri. R Laxminarasimha Rao, Advocate [OPUCI 4. One CC to the Public Prosecutor, High Court for the State of Telangana, Hyderabad [OUT]

5. Two CD Copies. PSK /sh P HIGH COUTTT DATED:1310812025 I I { ORDER CRLP.No.947 ot 2025 r,iE S ,) t6 ?0 cct p6 \tr..4.:. cf--'1 c I \iT;, \\-/z\\r ALLOWED'THE CRIMINAL PETITION 1 ( k {,