The High Court · 2025

Petition under section 52g of B.N.S.s. praying that in the circumstances stated in the Memorandum of Grounds of criminar pltition, the High court may be pleased to call for the records in the FIR No. 4g of 2o2s dated o-o-os-zozs on the file of the Police station pebbair, wanaparthy District against tne 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 thJ petitioner in relation to crime vide FIR No. 48 of 2025 dated 06-03-202s on the file oithe Police station Pebbair, wanaparthy District pending disposar or tne aoove 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 Mr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondents No.i & 2 and None Appeared for the Respondent No.3. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAM.JI CRIMINAL PETITION No.3717 0F 2025 ORDER This Cr-iminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seel<ing quashment of the proceedings in Crime No.48 of 2025 o'f Pe,bbair Police Station, Wanaparthy District, agiainst the petitioner.

2. The petitioner is sole accused in Crime No.48 of. 2025 registered for the offences punishable under Sections 316 (2),316(5), 318(4) of Bharatiya Nyaya Sanhita, 2023 (''or short 'BNS, 202:]') and Section 7 of Essential Commodities ,Act,1955 (for short '=C l\ct'). 3. Heard trlr. Pasham Mohith, Iearned counsel for the petitioner irnd Mr.Jithender Rao Veeramalla, learned Additional Public Pros;ecutor appearing for the respondent Nos.1 an,l 2.

4. The pros;ecution case in brief is that the petition,ar is the Proprietor of tlice Mill under the name and style 'lt//s M/s. Ayyappa lrrdus,tries' and engaged in the business of rnilling of paddy. Thi> Telangana State Civil Supplies Corporatior Limited (for short, fSC:SCL') entered into agreement with the petitioner's 2 NIR oRLP 3717 2025 firm for procuring and milling of paddy and to deliver back the custom milling rice. Accordingly for the Kharif and Rabi seasons 2023-2024, the paddy ot 2267 MT and 2tB6 MT was delivered and on inspection dated 06.03.2025, found that 735 MT of paddy was missing. Thus, a police report was lodged against the petitioner for miiappropriation of stocks and violation 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 would.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 ---49 coordinate bench of this Court vide Criminal Petition 3 NTR, )RLP-3717,2025 Nos.1574, 1575 of 2025,895 and 12037 of 2024 observ'ed that the Section 31615) of BNS,2023 would not attract and cirected the investigating agency for issuance of 35(3) of BNSS' 2023 notice and trl follow the guidelines enunciated in Arnesh Kumar v. State of tliharl . Thus pleaded that granting similar relief would meet their hardshiP.

6.Learn,:dA.dditionalPublicProsecutorwouldsubmitr:hatthe investigatior is n progress and fairly admits that except for the difference ir the stock found on the inspection, the other raspects areunderirrvestigationandalsoacceptedthatthisCourtinthe petition filecl by the accused with self same allegations irrcluding criminal breach of trust had directed the investigating agency to follow the procedure contemplated under Section 35(3) ot BNSS'

2023. I have perused the materials on record'

7. 8. Having regard to the nature of the offences and clepth of allegationsagainstthepetitionerandexcepttheallegedoffence under Secton 316(5) of BNS, 2023, rest of the offenoes are punishable with the imprisonment of less than sever years, .withPut enkrring into merits and keeping open the prerogatives of .-+. ' (zor4) I scc 273 4 NTR, oRLP 3717 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. Stafe ot 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. ,. With this direction, this Criminal petition is disposed of. Pending miscellaneous applications, if any, shall stand closed. SD/- A.V.S'PRASAD R DEPUTY REGIS /ffRUE COPY// SECTION OFFICER To, '1 . The Principal Judicial First Class Magistrate at.Wanaparthy' 2. The Station House Officer, F"UO"i' P-olice 3. Two CCs to the puOf ic HYderabad [OUT] 4 o;; GC to Mr Pisham Mohith, Advocate [oPUC] 5. Two CD CoPies -piose"utor' ^Station' Wanaparthy District' High Court for the State of Telangana at Kam/PSt, Yv 'z (zot4) I scc273 HIGH COUR-T DATED:2610:Jl2A25 ORDER CRLP.No.37'17 of 2025 trt -) ,A," (l r\o :)3 014,. r,rr {i a t O/:S Frr -,.r "r€(\ ( -t ) DISPOSING OF THE CRIMINAL PETITION 8,ePfd Y+ ilil-rr