Donthi Srinivas v. The State of Telangana

Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Hitbn, the High Court may be pleased to quash the proceedings in CC No. 4OO ot 2024 on the file of the Additional Judicial Magistrate First Class & Special lriobile at Kamareddy in so far as petitioners/accused ...Respondents No.1 to 3. LA. NO: 2OF 2026 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings against the petitioners/accused No. 1 to 3 in CC No. 400 of 2Q24 on the fi|,: of the Additional Judicial Magistrate First Class & Special Mobile at Kamareddy pending disposal of the main criminal petition. This Petitiorr coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Alluri Divakar Reddy, Advocate for the Petitioner and M.Ramachandra Reddy, Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No.l and none appeared for the Respondent No.2. The Court made lhe following: ORDER H AT HYDERABAI) THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO Date: 27.01.2026 Between: Donthi Srinivas and two others AND ...Petitioners The State of Telangana, Rep. by its Public Prosecutor, High Court at Hyderabad for the State of Telangana, and another Respondents ORDER This Criminat Petition is filed by the petitioners/accused Nos.l to 3 seeking to quastr the proceedings in C.C.No.400 of 2024 on the [rle of the learned Additional Judicial Magistrate First Class and Special Mobile at Kamareddy.

Heard Sri Alluri Divakar Reddy, learned counsel for the petitioners and Sri M.Ramactrandra Reddy, learned Additional Public Prosecutor for respondent No.l.

The specifrc allegation against the petitioners/accused Nos.l to 3 is that they have procured PDS rice from the benehciaries at 2 cheaper rate to sell the same for profit and on 12.03.2024, the petitioners were found in possession of 14 quintals of PDS rice.

I.earned counsel for the petitioners would submit that without there being any complaint from any , alleging that the rice was procured deceptively or with a criminal intent md charging the petitioners for prosecution is untenable and improper. The allegations, even taken at their face value cannot l)e sustained against the petitioners. Further, this Court in Crl.P.Nc.5709 of 2019 and 3349 of 2015 while considering the same situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the pror:eedings. The petitioners are also entitled to the same relief and hence prayed to quash the against the petitione, rs.

The leamed Additional Public Prosecutor submits that as per prosr:cution, the offence said to have been committed by the petitioners is cheating and violation of Sections 7 and 8 of the Essential Commodities Act, 1955 and requested to pass appropriate orders.

Ser:tion 7 and 8 of the Essential Commodities Act contempl.ate that any person contravenes with the production, \ \ 3 supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer.

A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no averment indicating that the petitioner 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 petitioner and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or contract. [n the absence of essential factors, on the face of prosecution, this Court hnds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse of process of law".

The Additional Judicial Magistrate First Class & Special Mobile at Kamareddy 2. The Station House Officer, Police Station Sadashivnagar, Kamareddy District, Telangana State.

3. One CC to SRl. ALLURI DIVAKAR REDDY Advocate [OPUC] 4. Two CCs to the Public Prosecutor High Court for the State of Telangana, at Hyderabacl [OUTI

5. Two CD C,rpies BA FT- HIGH COTIRT DATED: 2'7 lO1 12026 ORDER CRLP.No.7'62 of 2026 1HES o(_) 2 0 [t8 zrl2fi vz. * ALLOWING THE CRIMINAL PETITION % .rR(& &"