The High Court · 2025

I The State of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana 2 ., Station House Officer, Police Station, Pebbair, Wanaparthy District. The District Manager, Telangana State Civil Supplies Corporation Ltd, Wanaparthy District, O/o D No 25, Ground Floor, lntegrated District Office Complex, Wanaparthy ..RESPONDENTS/COMPLAINANTS 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 quash the FlR. No. 65 of 2025, dated- 2010312025 on the file of Station House Officer, Police Station, Pebbair, Wanaparthy District for the offences under Sections 316(2), 31€(5), 318(4) of BNS, 2023 and Section 7 of Essential Commodities Act. l.A. NO: 2OF 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 off all further proceedings including arrest of the petitioner in FlR. No. 65 of 2025, dated: 20-03-2025 on the file of Station House Officer, Police Station, Pebbair, Wanaparthy District for the offences under Sections 316(2), 316(5), 318(4) of BNS, 2023 and Section 7 of Essential Commodities Act, pending disposal of the above case. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri CHALAKANI VENKAT YADAV, Advocate for the Petitioner and the Public Prosecutor for the State of Telangana on behalf of the Respondent No.1 and 2 and None appeared for the Respondent No.2. The Court made the following: ORDER I I I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.4231 OF 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.65 of 2025 of Pebbair Police Station, Wanaparthy District, against the petitioner.

2. The petitioner is sole accused in Crime No.65 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. Chalakani Venkat Yadav. 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 'tVl/s Advaitha Rice Mill' 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 firm for procuring and milling of paddy and to deliver back the custonr milling flce Accordingly, the rice of

1817.064 MT was delivered and on inspection dated 20.03.2025, found that 2515.'l 18 MT of paddy was missing. Thus, a Police Report wh- l I 2 ,\,7R/ Crl.P.No. 42)t o.f 2025 x lodged against the petitioner for misappropriation 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 facio complainant and petitioner would be in joint custody of the paddy. Further pleaded that the Government did not properly store the paddy and for natural reasons some of the quantity was 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 prosecution without any finding regarding the relevant aspects and the actual loss, based solely on a stock discrepancy and alleging complicity is implausible. That apart, the petitioner is ready to cooperate with the investigation and is intending to see through the process. He further pointed out that the coordinate Bench of this Court vlde Criminal Petition Nos.1574, 1575 o'f 2025, 895 and 12037 of 2024 held that Section 316(5) of BNS, 2023 would not attract in the circumstances of the case and directed the investigating agency for issuance of 35(3) of BNSS, 2023 notice and to follow the guidelines enunciated in Arnesh Kumar v. Stafe of Biharl . Thus pleaded for granting similar relief to meet their hardship. 6. Learned Additional Public Prosecutor would submit that the investigation is in progress and fairly admits that except for the difference 1 (2014) 8 scc 273 ( in the stock found on the inspection, the other aspects are uncier 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.

7. I have perused the materials on record.

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 accusations are punishable with the imprisonment of less than seven years, without entering into merits and keeping open the prerogatives of the investigating agency and to maintain parity, directing the investing agency for issuance of Sectiori 35(3) of BNSS, 2023 notice on the petitioner in Crime No.65 of 2025 and to follow the guidelines of Arnesh Kumar y. State 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 stan P er^a.) I Sq a13 sD/- MOHD. TSMATL / ASSISTANT REGISTRAR / //TRUE COPY// \ SECTION OFFICER 1 2 3 4 The Principal Judicial First Class Magistrate at Wanaparthy. The S-tation House Officer, Pebbair Police Station, Wanaparthy District. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT) One CC to SRl. CHALAKANI VENKAT YADAV, Advocate tOpUCl Two CD Copies To \ l'r/ I)S I $ I i i I I HIGH COURT DATED: 2610312025 ORDER CRLP.No.4231 ot 2025 eoR iHE 5la o o CI 3 qPfl 2025 (.. r z c) .b t Ot-n^.-.,.:-' DISPOSING OF THE CRL.PETITION G)*r' ,?.(