The High Court · 2025

6. Ajmeera Srinu, S/o Bixam, Age 40 Years, Occ. Lorry Driver AP20T84289 R/o Ballepalli of Khammam Dist.

7. lt/ohammed Khadeer, S/o Razaq Hussarn, Age 38 Years, Occ. Business, R/o Cinema Hall Bazar, Garla, Mahabubabad District.

8. Veereddy Rakhesh @ Ravi, S/o Srinivasa Reddy, Age 29 Years, Occ. Business, R/o H.No. 22-5-167, Desaipet Warangal, Warangal District.

9. Yedamakanti Ramesh, S/o Chakrapani, Age 41 Years, Occ. Business, R/o H.NO 1-2-82lA, Subash Street, Dornakal of Mahabubabad District AND 1 2 Badavath Ravi, Sub lnspector of Police, Garla Police Station The State of Telangana, Represented by its Public Prosecutor, High Court at Hyderabad ..Petitioners/Accused No.1 to 9 ...Respondents/Defacto Complainant Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash all further proceedings against the Petitioner in CC No. 614 of 2020 on the file of the Hon'ble Additional Judicial First Class Magistrate at Yallandu, Mahabubabad District in the circumstances mentioned above to meet the ends of iustice. l.A. NO: 1 OF 2021 Petition under Section 482 of Cr.P.C praying that il the circumstances stated in the fvlemorandum of Grounds of Criminal Petition, 're High Court may be pleased to stay of all further proceeding including appearil ce of the petitioner in CC No. 614 of 2020 on the file of Hon'ble Additional udiciai First Class Magistrate at Yallandu, Mahabubabad District pending dispo; Ll of the main case. Thls Petition coming on for hearing, upon perusing :l e lVlemorandum of Grounds of Criminal Petition and upon hearing ii e arguments of Smt C Sunitha Kumari, Advocate for the Petitioners anc lri lt/.Vivekananda Reddy, Assistant Public Prosecutor on behalf of the Respontl, nts. The Court made the following: ORDER l I I t ! I THE HON'BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.2929 OF 202t ORDER: This criminal petition has been filed seeking to quash the proceedings in C.C.No.6l4 of 2020 on the file of Additional Judicial First Class Magistrate at Yellandu, Mahabubabad District for the offence under Sections 420 of Indian Penal Code ('IPC' for brevity) and Sections 7 and 8 of Essential Commodities Act, 1955 ('EC'Act for brevity).

2. Heard Smt C.Sunitha Kumari,, learned counsel for the petitioner and Sri M.Vivekananda Reddy, leamed Assistant Public Prosecutor for respondent-State.

3. The case of prosecution is that the petitioners/accused have procured PDS Rice from the Cardholders/beneficiaries at cheaper rates and sold the same at higher rates for profit.

4. Learned counsel for the petitioners vehemently contended that the petitioners have not committed any offence and they were falsely implicated in the present crime. Even according to the complaint and the charge sheet, the ingredients for the offences under Sections 420 of IPC and Sections 7 and 8 ofEC Act does not attract on the ground that 2 JSR, J Crtp 2929 2O2r the petitioners have purchased the PDS Rice n Civil Supplies Department. He further submitted that similar i sue came up for consideration before this Court about applicabilitl rf Section 420 of IPC and Sections 7 and 8 of EC Act in Crl.P.l o.13758 of 2018 wherein this Courl allowed the criminal petitiol and quashed the proceedings therein. Pursuant to the said order thi.; Court disposed of several cases namely Crl.P.Nos.7042 of 2025,,704,1 of 2025 and 5146 of 2025. Leamed counsel for the petitioners placrr the copies of the said orders before this Court by duly serving rpon the learned Assistant Public Prosecutor

5. Learned Assistant Public Prosecutor also not J sputed the same.

6. Having considered the rival submissions ma<[r by the respective parties and also taking into consideration the orcr rs passed by this Court in Crl.P.Nos.7042 of 2025 dated 16.06.2C'.5. 7044 of 2025

16.06.2025 and 5746 of 2025 dated 13.04.2025, tl s Court is of the considered view that there is no averment indicatinp hat the petitioners in any way deceptively induced the beneficiarie; to part with the supplied PDS rice or and the beneficiary entrust :d the PDS Rice purchased by him with the petitioner ancl he dishonestly l I I i I I I I I I I I I I I t t : l I : . 3 JSR, J Ctlp_2929 2O2l misappropriated or converted his own use or used it in violation of a lawful direction or contract. In the absence of essential facts, on the face of prosecution this Court finds it fit case to exercise the jurisdiction under Section 528 of The Bharatiya Nagarik Suraksha Sanhita,2023. Further, in Crl.P.No.13758 of 2018 a Coordinate bench of this Court has considered identical case facts and drawn similar conclusions. Thus, continuance of proceedings against the petitioner is found abuse of process

7. For the foregoing reasons this Court is inclined to quash the proceedings in C.C.No.614 of 2020 on the file ol P.S.Garla' Mahabubabad District against the petitioners. Accordingly, quashed

8. [n the result, the criminal petition is allowed Miscellaneous petitions, if any, pending in this criminal petition shall stand closed. //TRUE COPY// SD/-M.OSMAN ALI BAIG ASSISTANT REGISTRAR 6 SECTION OFFICER

1. The Additional Judicial First Class Magiskate, Yallandu, Mahabubabad 2. The Station House Officer, Garla Police Station, Mahabubabad 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at \ To, Hyderabad IOUT]

4. One CC to Smt. C Sunitha Kumari, Advocate [OPUC] 5. Two CD Copies

6. BK /PSL HIGH COURT DATED: 2411112025 ORDER CRLP.No.2929 of 2021 ALLOWING THE CRIMINAL PETITION i;l J,l r ':li r\ . .. t"1t i /i ( "1 AJ il ? 026 'v k :, o *