No.1 v. No.2/DE FACTO COMPLATNANT

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 for all the reasons stated above, this Hon'ble court mJy be pleased to quash the charge sheet in c.c. No. 7633 of 2022, on the file of lv Addl. Junior civil Judge-cum-lV Addl. Judicial Magistrate of First class (Juvenile court) at Hanumakonda 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 Ot= 2026 ?19?."".d Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal'Fetition, the High court may be to st;ay of all further proceedings in c.c. No. 7633 of 2o22,on the file of lV Addl' Junior 3ivil Judge-cum-lV Addl.-Judiciar rraagistrate of First class (Juvenile court) at Hattumakonda, and to pass such other 6rder or orders as this Hon,ble court may der:m 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 lsha Mehra, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additionat Public Prosecutor (TG) on behalf of the Respondent No.1 None appeared for the Respondent lrro.2. The Court made the following: ORDER TN THE TIIGTI COT]RT F'OR STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO Date:19.02.2026 Between: Sunchu Nagaraju and three others ...Petitioners/Accused Nos.I to 4 AND The State of Telangana, through S.H.O., P.S. Elkathurthy, Warangal Police Commissionerate, Represented by Public Prosecutor, High Court at Hyderabad and another. Respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.7633 of 2022 pending on the file of the IV Additional Junior Civil Judge-cum-lV Additional Judicial Magistrate of First Class (Juvenile Court) at Hanumakonda, wherein the petitioners were arrayed as accused Nos.l to 4, for the offences punishable under Section 420 of the Indian Penal Code, 1860 (for short 'IPC') and Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act'). \ \ 2 JSR,.I Crlp_2284_2026

2. Fleard Ms. Isha Mehra, leamed counsel appearing for the petitioners and Mr. Jithender Rao Veeramalla, leamed Additional Public Prosecutor appearing for respondent No.l.

3. The specific allegation against the petitioners/accused Nos.l to 4 that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for wrongful gain and that on

22.09.2(122 at about l23A FIrs, the petitioners were found in possession of 350 quintals of PDS rice.

4. Lt:arned counsel for the petitioners submits that without there being any complaint frorn any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. The allegatiorrs, even taken at their face value cannot be sustained against the petitioners. Further, this Court, in Crl.P.Nos.5709 of 2019 arul 3349 of 20[5, while considering the same siruation, categorically observed that the offences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioners are also entitled to the same relief and hencrl prayed to quash the proceedings against the petitioners. / / / 3 JSR, J Crlp_2284 2026

5. The learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders.

6. Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities in this regard is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer.

7. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: I I \ "There is no averment indicating thal the petitioner in any u,a1,; deceptively induced the beneficiaries to part with the supplied PDS rice'or the beneficiary entrusted the PDS rice purchased by them witlt the petitioner and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or conlract. In the absence of essential factors, on the face of prosecution. this Courtfinds it to be afit cose to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse of process of law".

8. The facts and circumstances of the present case also 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 by I t .-.-- .,/ 4 JSR, J Crlp 2284 2026 applyin€i the same analogy and to quash the proceedings against the petition()rs herein.

9. A:cordingly, the Criminal Petition is allowed and the proceedings in C.C.No.7633 of 2022 pending on the file of the IV Additiorral Junior Civil Judge-cum-IV Additional Judicial Magistrate of First Class (Juvenile Court) at Hanumakonda, against the petitioners/accused Nos.l to 4, are hereby quashed. Pr:nding miscellaneous applications, if any, shall stand closed. To, SD/. P.PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY/' S CTION OFFICER '1. The lV Addl. Junior Civil Judgeg-cum-lV Addl. Judicial Magistrate of First Class (Juvenile Court) at Hanumakonda.

2. The Stal:ion House Officer, Elkathurthy Police Station, Warangal Dist. 3. One CC to SRI ISHA MEHRA Advocate [OPUC] 4. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad louTI

5. Two CD Copies SM/PSL HIGH COURT DATED: 19t02t2026 ORDER CRLP.No.22g4 ot 2026 1HE S rA 1? tjU 2i12fr 2 t t Spnrct ALLOWNG THE CRIMINAL PETITION 3 al