The High Court · 2025

Petition under Section 528 of B.N S.S. praying that in the clrcumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to call for the records in the FIR No. 47 of 2025 dated 06-03-2025 on the file of the Police station Pebbair, wanaparthy District against the petitioner and quash the same. l.A. NO: 2 OF 2025 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 stay all further proceedings including the arrest of the petitioner in relation to Crime vide FIR No. 47 of 2025 dated 06-03-2025 on the file of the Police Station Pebbair, Wanaparthy District pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. pasham Mohith, Advocate for the Petitioner and the fu1r. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondents No.1 & 2 and None Appeared for the Respondent No.3. The Court made the following: ORDER THE FIONOURABLE SRI JUSTICE N.TUKARAMJI ( IRIMINAL PETITION No .37150F 2025 ORDER This ()riminal Petition is filed under Section t;28 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS' 2023') seekirrg quashment of the proceedings in Crime No.47 of 2025 of Pebltair Police Station, Wanaparthy District, against the petitioner

2. The p,:titic,ner is sole accused in Crime No-47 o'l ?025 regislered frtr tlre offences punishable under Sections 316 (2),316(5), 318(4) of Bharatiya Nyaya Sanhita' 2023 (fo' short 'BNS, 2023'l an<l Section 7 of Essential Commodities Act,1955 (for short, 'Et) Act'). 3. Heard IVlr. Pasham Mohith, learned counsel f'rr the petitioner and Mr.Jithender Rao Veeramalla, learned AdrJitional Public Prose,:utor appearing for the respondent Nos.1 and 2.

4. The pr'ose,:ution case in brief is that the petitioner is the Proprietor ol Rice Mill under the name and style 'tt4/s Sri -traders' and engaged in the business of milling Venkateshwara of paddy. Th: Telangana State Civil Supplies Corporation l-imited (for short, 'f llCSCL') entered into agreement with the petilioner's 2 NTR, CRLP 3715 2025 firm for procuring and milling of paddy and to deliver back the custom milling rice. Accordingly for the Rabi season 2022_2023, the paddy oI 1762 MT was delivered and on inspection dated 06.03.2025, found that ,1332 MT of paddy was missing. Thus, a police report was lodged against the petitioner for misappropriation of stocks and vioration of the agreement and for recovery of the amounts. 5. Learned counsel for the petitioner would submit that as per the agreement the de facto complainant and petitioner worJd be in joint custody of the paddy. Further pleaded that the Government did not properly stored the paddy and for natural reasons some of the quantity was got damaged. Howsoever, as per the agreement the dispute has to be placed before the Arbitrator and without such an effort the Government on its own concluding misappropriation and initiating the prosecution without there being any finding as to the relevant aspects and the actual loss and merely on difference in stock alleging complicity is implausible. That apart, the petitioner is ready to cooperate with the investigation and is intending to see through the process and prepared to comply with the process. He further pointed out that the coordinate bench of this Court vide Criminal petition

1..-- 3 NIR, CRLP 3715 2025 Nos.1574, 15''5 of 2025, 8g5 and 12037 o'f 2024 observed that the Section 316(5) of BNS, 2023 would not attract and directed the investigat'ng agency for issuance of 35(3) of BNSS 2023 ngtice and to follow the guidelines enunciated in Arnesh K'umar v. Stafe of Biharl . Thus pleaded that granting similar relief would meet their hardshiP 6. Learneri Additional Public Prosecutor would submit that the investigation s in progress and fairly admits that except for the difference inthe titock found on the inspection' the other asppcts are under in\.'esti'Jation and also accepted that this Court in the petition filed ry ttre accused with self same allegations inc;luding criminal breach of trust had directed the investigating agency to follow the procedure contemplated under Section 35(3) of BNSS'

2023. I have pertlsed the materials on record'

7. 8. Having regard to the nature of the offences and dr:pth of allegations agairrst the petitioner and except the alleged t>ffence under Section 316(5) of BNS, 2023, rest of the offences are punishable ryith the imprisonment of less than seven years' hout ente'ing into merits and keeping open the prerogatives of < QO14) 8 SC(: .',73 4 NTR, CRLP_37 1 5_2025 the investigating agency and to maintain parity, directing the investing agency for issuance of section 35(3) of BNSS, 2023 notice on the petitioner and to follow the guidelines of Arnesh Kumar v. Sfate of Bihal before proceeding against the petitioner is found appropriate. Accordingly ordered. ln unison the petitioner is directed to submit his explanation and shall cooperate with the investigation. 9. With this direction, this Criminal petition is disposed of. Pending, miscellaneous applications, if any, shall stand closed //TRUE coPY// SD/- A.V.S.PRASAD DEPUTY REGITAR ,/ sEcrtoN oFFtcER To, 1 2 The Principal Judicial First Class Magistrate at Wanaparthy' The Station House officer, Pebbair Police Station, Wanaparthy District, Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT] a One CC to Mr. Pasham Mohith' Advocate [OPUC] 5. Two CD CoPies Kam/PSL Yr 2 lzot+1 a scc ztt HIGH COURT DATED:2610312025 / I ORDER CRLP.No.371ti o12025 1irE s14 01 AP3 2025 z c t t t .SI TTC ug-\'' DISPOSING OF THE CRIMINAL PETITION I ,da -[6