The High Court · 2025

This Petitior cor-ring on for hearing, upon perusing the Memorandum of Grounds of Crimir al F,etition and upon hearing the arguments of Sri T. S. Anirudh Reddy, A Jvocate for the Petitioner, Sri Jithender Rac Veeramalla, Additional Public P oseoutor on behalf of the Respondent Nos. 1 ard 2 and none appeared for the Rt:spondent No. 3. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMIN AL PETI TION No.40540F 2025 ORDER This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita' 2023 (for short 'BNSS' 2023') seeking quashment of the proceedings in Crime No-343 of 2024 ofBodhan Rural, Police Station' Nizamabad District' against the petitioner 2. The petitioner is accused No'3 in Crime No'343 ot 2024 registered for the offences punishable under Sections 316 (5),31 8(4), I 1 1 r/w 3(5) of Bharatiya Nvaya Sanhita' 2023 (for short 'BNS, 2023) and Section 7 of Essential Commodities Act,1955 (for short, 'EC Act')' 3. Heard Mr'T'S' Anirudh Reddy' 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' Kamakshi Traders' and stood as guarantor to 'M/s Sri Lakshmi Modern Rice Mill' and engaged in the business of milling of paddy' The State Civil Supplies Corporation Limited (for short' -Telengana 2 NIR, jRLP 4054 2025 'TSCSCL'I entered into agreement with the 'lV/s Sri Lakshmi lVlodern Rice Mill' firm for procuring and milling of padcly and to deliver bar;k the custom milling rice. Accordingly for the K.harif and Rabi seasons 2021-2022, the paddy of 1615 MT was delivered and on inspecl:ion dated 31 .12.2024, found that 453 lVlT of paddy was missing. Thus, a police report was lodged agirinst the petitioner r;tating that the petitioner had intentionally collurded with accused Nlo.1 and defaulted in delivering the CMR rice to the departmer t. 5. Learned counsel for the petitioner would submit that as per the agreenrent the de facfo complainant and petitioner vyould be in joint c,tsto,ly of the paddy. Further pleaded that the Governmerrt did not properly stored the paddy and for natural reasons some cf the quantity was got damaged. Howsoever, as per the agtreement 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 rrerely on difference in stock alleging comprlisify i5 implausible Thilt apart, the petitioner is ready to cooperirte with the investigrtion and is intending to see through the process and 3 NIR, 1RLP 4054-2025 prepared to comply with the process' He further pointed out that the coordinate bench of this Court vide Criminal Petition Nos.1574, 1575 of 2025,8g5 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. State 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 aspects 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 r Section 316(5) of BNS' 2023' rest of the offences are ' (2014) 8 scc 273 4 NTR, aRLP_4054_2025 a. punishah,le rvith the imprisonment of less than seven years, without erntering into merits and keeping open the prerogatives of the inves;tigating agency and to maintain parity, dirr-.cting the investing agency for issuance of section 35(3) of BNSS, 2023 notice on the petitioner and to follow the guidelines cf Arnesh Kumar r'. Sfafe ot Biha/ before proceeding petitioner s found appropriate. Accordingly ordered ln unison the petitioner is directed to submit her explanation and shall cooperate with the investigation. 9. With this direction, this Criminal petition is disposecl of. agiainst the Pencling miscellaneous applications, if any, shall stand closed SD/- A.V.S.PRASAD R DEPUTY'REGIST ,TRUE COPY// SECTION OFFICER To, 1- The Judicial :irst Class Magrstrate at Bodhan

2.TheStatiorrIlous=officer,BodhanRuralPoliceStation,NizambadDistrict

3.TwoCCstothelrublicProsecutor'HighCourtfortheStateofTelanganaat HYderabad. It)UT'

4. One CC to S r T S Anirudh Reddy, Advocate [OPUC] .- 5. Two CD CoP ies w '? (20t4) I scc 2'.3 HIGH COURT DATED: 2611 312025 Bo I fHE SI a C 0 IPB 2W i 8r PATcHE (.ri $ ( i' l .d+ ORDER CRLP.No.4054 ot 2025 DISPOSING t)F THE CRIMINAL PI.:TITION gcepY"a -ft"