The High Court · 2025

statedintheMemorandumofGroundsofCriminalPetition,theHighCoUdmay be pleased to call for the records in the FIR No 49 of 2025 dated 06 03 2025 on the file of the Police Station Pebbair' Wanaparthy District against the Petitioner and quash LA NO: 2 OF 2025 PetitionunderSection528ofBNSSprayingthatinthecircumstances 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. 49 0f 2025 daled 06.03.2025 0n the file of the police station Pebbair, wanaparthy District pending disposal of the above Criminal petition. 7/ /' / This petitic n (:oming on for hearing, upon perusing the fulemorandum of Grounds of criminar petition and upon hearing the arguments of Sri pasham Mohith' Advocate for the petitioner, sri Jithender Rao veeram;ara, Additionar Pubric Prosecutor on b'eharf of the Respondent Nos. 1 and 2and rrone appeared for the Respondert No. 3. The Court made the following: OROER t!: ( THE HONOURABLE SRI JUSTICE N'TUKARAMJI CRIMIN AL PETITION No. 37 18 0F 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita' 2023 (tor short 'BNSS' 2023') seeking quashment of the proceedings in Crime No 49 of 2025 ot Pebbair Police Station' Wanaparthy District' against the petitioner

2. The petitioner is sole accused in Crime No'49 of' 2025 registered for the offences punishable under Sections 316 (2),316(5), 318(4) of Bharatiya Nyaya Sanhita' 2023 (for short 'BNS, 2023') and Section 7 of Essential Commodities Act'1955 (for short, 'EC Act') 3. Heard Mr' Pasham Mohith' learned counsel for the petitioner and Mr'Jithender Rao Veeramalla' learned Additional Public Prosecutor appearing for the respondent Nos'1 and 2' 4. The prosecution case in brief is that the petitioner is the Proprietor of Rice Mill under the name and style 'M/s Sri Lakshmi Venkateshwara Industries' and engaged in the business of milling of paddy. The Telangana State Civil Supplies Corporation Limited (for short, 'TSCSCL') entered into agreement with the petitioner's 2 NTR. ctlLP 3718 202s firm for p.ocuring and miiling of paddy and to deriver back the custom mrlring rice. Accordingry for the Rabi season 2c22_2023, the paddy of 64g MT was delivered and on inspection dated 06.03.202{, for:nd that 5g3 MT of paddy was missing. Thus, a police retrort was lodged against the petitioner for misappropr ation of stocks and violation of the agreemenl and for recovery of the ;amounts.

5. Learned c:ounsel for the petitioner would submit tha,l as per the agreement the de facto complainant and petitioner would be in joint cus;tod1r of the paddy. Further pleaded that the Government dicJ not properry stored the paddy and for ratural reasons some of the quantity was got damaged. Howsoever, as per the agr€rement the dispute has to be placed before the Arbitrator anc without such an effort the Government on itrs own concruding misappropriation and initiating the prosecution without there being a.y finding as to the rerevant aspects and the actuar loss and merely on difference in stock alleging complicity is implausible. Trat ;apart, the petitioner is ready to cooperate with the investigation and is intending to see through the process; and prepared to ccmply with the process. He further pointed oul. that {he coordinat.: bench of this Court vide Criminal Petition 3 NIR, )RLP-371 8-2025 Nos.1574, '1575 of 2025' Bg5 and 12037 of 2024 observed that the Section 316(5) of BNS, 2023 would not attract and directed the investigating agency for issuance of 35(3) of BNSS' 2023 notice and to follow the guidelines enunciated in Arnesh Kumar v. sfate of Biha/.Thus pleaded that granting similar relief would meet their hardshiP- 6. Learned Additional Public Prosecutor would submit that the investigation is in progress and fairly admits that except for the difference in the stock found on the inspection' the other aqpects are under investigation and also accepted that this Court in the petition filed by the accused with self same allegations including criminal breach of trust had directed the investigating agency to follow the procedure contemplated under Section 35(3) of BNSS' 2023 I have perused the materials on record'

7. 8. Having regard to the nature of the offences and depth of allegations against the petitioner and except the alleged offence under Section 316(5) of BNS' 2023' rest of the offences are punishable with the imprisonment of less than seven years' outenteringintomeritsandkeepingopentheprerogativesof I (2014) I scc 273 \ \ 4 NTR- cFlP 37t8 2o2s a the investigating agency and to maintain parity, directing the investing agenoy for issuance of Section 35(3) of BNSS, 2023 notice on tre 6retitioner and to follow the guidelines of Arnesh Kumar v. State of Biha/ before proceeding agaiirst the petitioner is found appropriate. Accordingly ordered. ln unrson the petitioner il, directed to submit her explanation ancl shall cooperate wrth fl^re investigation. 9. With fl-is drrection, this Criminal petition is disposed c,f Pendin g rniscellaneous applications, if any, shall stand closed sD/- A.\/.S.P DEPUTY REGIST AD R To, //TRUE COPYII SECTION OFFICER

1. The Principal J rdici;rl First Class Magistrate at Wanaparthy 2. The Station Ho rse Officer, Pebbair Police Station, Wanaparthy District. 3. Two CCs to thr: Purclic Prosecutor, High Court for the State of 1 elangana at Hyderbad. [OU -] 4 One CC to Sr ['ash;rm Mohith, Advocate [OpUC] 5. Two CD Copir:s VH/PSL Yv 1 h{E SIAI4r ( a + 0i I,i 2025 '\{: g *_ HIGH COURT DATED: Z6t03tZO2S ORDER CRLP.No.3t18 of 2025 t) \ DISPOSING OF THE CRIMINAL PETiTION .4(4 $ k-^ (qv