The High Court · 2025

THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION NO: 1061 OF 2025 Between:

1. Thota Raju, s/o Chandraiah, aged 44 years, Occupation Business, Rl/o Gangipalli village of , Manakondur Mandal, Karimnagar district.

2. Enagandula Srikanth, s/o Yellaiah Age,30 years, Occ. driver, Rl/o Thummnapalli village of Huzurabad Mandal, Karimnagar district.

3. Chintha Sadanandam, S/o Mondaiah, Age 44 Years., Occ.Business Ri/o Sironcha of Gadchroli district, Maharashtra. AND The State of Telangana, represented by its Public Prosecutor, High Court for the State of Telangana, Hyderabad. ...PETITIONERS/ACCUSED NOS. 1 TO 3 ... 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 and set aside the proceedings in C.C. No. 977 ol 2022 arising from Crime No. 69 of 2018 of the Police Station Kaleshwaram on the file of the Additional Judicial Magistrate of the First Class Bhupalapalli,in Jayashankar Bhupalpalli. l.A. NO: 2OF 2025 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 the appearance of the petitioners in C.C. No. 977 of 2O22 on the file of the Additional Judicial Magistrate of the First Class, Bhupalapalli, in Jayashankar Bhupalpalli district pending disposal of the above Criminal Petition This Petition coming on for hearrng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R LAXMINARASIMHA RAO, Advocate for the Petitioners and SRI JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor for the Respondent. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKA FIAMJI CRIMINAL PETITIO N No. 1061 oF 20 2l) ORDER 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 petitioners tr C C.No 977 of 2022 pending on the file of the learned Additional Jucicial Magistrate of First CIass, Bhupalpalli, Jayashankar-Bhupalpalli Distrrct

2. The petitioners are arrayed as accused Nos. 1 lc ll in the Calendar Case registered for lhe offences punishable under Se ltion 420 of the lndian Penal Code, 1860, and Section 7 of Essertt al Commoditres Act,1955 (for short.'EC Act')

3. Heard Mr. R.Lakshmi Narsimha Rao, learnec counsel for the petitroners and Mr Jithender Rao Veeramalla, learnec ,Addrtronal Publrc Prosecutor, representing the respondent 4 The specific allegation against the petitioner;/,rccu sed rs that petitroner Nos.1 and 2/accused Nos.1 and 2 have procrrr:d PDS rice from surrounding vrllages at cheaper rate to sell the same for 5rrofit to petrtroner No.3/accused No.3, who is dealing with PDS rice busrress by runnrng a rrce mrll at Sironcha, Maharashtra State, without an 7 valrd hcence or permit and on 01.08 2018, while petitioner Nos l and 2 / accused Nos 1 and 2 were transporting PDS rice about 6 quintals ( 16 bags) in Tavera l j I I 2 ^,7]t,/ (.r/.1).\o. l06l ol 202i bearing registration No. AP 36 R 9696 to Sironcha, Maharashtra State, on the way, the Police, Kaleshwaram, seized the same under the cover of panchanama.

5. Learned counsel for the petitioners would submit that without there being any complaint from any beneficiary, the rice was procured deceptively or with a criminal intent, charging the petitioners for prosecution is untenable and improper The allegations cannot be sustained against the alleged offences. Further, this Court in Crl.P.Nos.33493 of 2015 and 5709 of 2019 white considering the selfsame situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioners also entitled to same relief, hence, prayed for quashing the proceedings against the petrtioners

6. I have perused the materials on record

7. As per the prosecution, the offences sard lo have been committed by the petitioners are cheating and violation of Section 7 of the EC Act. B. Section 7 of EC Act contemplates 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 petitioners/accused Nos.1 and 2 have procured PDS rice from surrounding villages to sell the same for profit to petitioner No.3/accused 3 \ll(/ (.t,,1'-'\, lt)L I tl :O-1t No.3, who is dealing with PDS rice business. The s;ituation does not amount either intervening with the supply or distribu'.ion or trade of the PDS rice

9. That apart, there rs no averment indicating thzrt the petitioners in any way deceptively induced the beneficiaries to patt with the supplied PDS rice and beneficiaries entrusted the PDS rice l)Lrrchased by them with the petitioners and they dishonestly misappropriated or converted their own use or used it in violation of a lawful direction rtr contract. ln the absence of essentral factors, on the face of prosecution. this Court finds it a fit case to exercise the jurisdiction under Section 52il of BNSS Further, in Crl P No 13758 of 2018, a Coordinate bench o:' this Cou( has considered identical case facts and drawn similar cr:nclusions. Thus, continuance of proceedings against the petitioners is; found abuse of process 10 For the aforesard. this Criminal Petition is allowed and the proceedrngs rn C C No 977 ol 2022 pending on the file of the learned Addrtronal Judrcral Magistrate of First Class, Bhupalp.alli, Jayashankar Bhupalpalh Drstrrct, against the petitioners/accused l,los '1 to 3 are hereby quashed Pendrng mrscellaneous applications, if any. shal s,tand closed S'/.A. JAYASREE ASSISIANT REGISTIIAR //TRUE COPY// Seclou oFFrcER To, 1 The Additional Judicial Magistrate of First Class at Bh upalapa lli,Jayashanakar Rhr rnal:nalli trl ictricl IT 4

2. The Station House Officer, Kaleshwaram Police Station, Jayashankar Bhupalapalli District.

3. One CC to SRI R LAXMINARASIMHA RAO Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court for the State of Telangana, at Hyderabad. [OUT]

5. Two CD Copies GR/psl w HIGH COURT DATED:2510712025 I I I I ORDER CRLP.No.1061 of 2025 .:::_:_'.-: -. -\ ( e ^ 't o ? 2 il0\, 2tfi , // .l;.:n,,n--. '' 1" \----.---" ALLOWING THE CRIMINAL PETITION d1 .€a Yi. filftaP