The High Court · 2025

THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION NO:4232OF 2025 Between: Pallerla Jagadeeshwar Kumar, S/o P. Narasimhaiah Setty, Aged. about 42.y.ears, Oic: Fropri"etor of Annapurna Traders, R/o H.No. 1-1 1, Kodandapuram, ltikyala Mandal, Mahabhubnagar District. ...PETITIONER/ACCUSED AND

1. 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' 3 The District Manager, Telangana State Civil Supplies C9rq9r3!i9n^!]0, Wanaparthy District; O/o. D.No. 25, Ground Floor, lntegratecl Dlstrlct Ufllce 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 FIR' No, 66 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. t.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 off all further proceedings including arrest of the petitioner in FlR. No. 66 0f 2025, daled. 20-03-2025 0n the file of station House officer, Police station, pebt,air, wanaparthy District for the offences rnder sections 316(2), 316(5), 318(4) of BNS, 2023 and section 7 0f Essentiar c.mmodities Act, pending disposal of tlre above case. This Petition cf,ming on for hearing, upon perusing the Memorandum of Grounds of criminar F)etition and upon hearing the arguments of sri cHALAKANI YADAV. Adrocate for rhe petitionei and the public prorsecutor for the 'ENKAT state of rerangana orr beharf of the Respondent No.1 and 2 and Nrone Appeared for the 'Respondent N<1.3. The Court made the firllowing: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETIT ION No. 4232 OF 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.66 of 2025 of Pebbair Police Station, Wanaparthy District, against the petitioner. 2. The petitioner is sole accused in Crime No.66 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 tvlr.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 Annapurna Traders' 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 custom milling rice. Accordingly, the rice of 318.020 t\/T was delivered and on inspection dated 20'03 2025, found that 2753.062 MT of paddy was missing- Thus, a Police Report waS L t., .1,.\,t. t2)2 of 2025 \ lodged against flre petitioner for misappropriation of stocksi and violation of the agreemenl and for recovery of the amounts. 5. Learned c,)unsel for the petitioner would submit thirt as per the agreement the c/e facfo comprainant and petitioner wourd be in joint custody of the paddy. Further pleaded that the Government did not properry store the paddy and for naturar reasons some of the quantity was damaged. Howsoever, as per the agreement, the dispute has to be praced before the Arbitrator and without such an effort, the Government on its own concluriing misappropriation and initiating prosecrtion without any finding regarcling the relevant aspects and the actual loss, based solely on a stock discrepancy, alleging complicity is implar.rsible. That apart, the petitionor is ready to cooperate with the investigation and is intending to see through the process. He further pointed .ut that the coordinate Bench of this Court vide Criminal petition Nos.15,24, 15lS of 2025, B9S and 12037 of 2024 hetd that Section 316(5) of BNS, 2023 wourd not attract in the circumstances of the case and directed the investigating agencr/ for issuance of 35(3) of BNSS, 2023 norice and to follow the guideliner; enunciated in Arnesh Kumar y. sfafe of Biharl. Thus pleaded for granting similar relief to meet their hardship. 6. Learned Additional public prosecutor would submit that the .rnvestigation is in prc'gress and fairry admits that except for the Jifference t (2014) I scc 273 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 accusedwithselfsameallegationsincludingcriminalbreachoftrusthad directed the investigating agency to follow the procedure contemplated I have perused the materials on record' under Section 35(3) of BNSS, 2023' 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 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 Section 35(3) of BNSS, 2023 notice on the petitioner in Crime No 66 of 2025 and to follow the guidelines of Arnesh Kumar v. State of Bihal before proceeding against the petitioner is found appropriate' Accordingly ordered ln unison,thepetitionerisdirectedtosubmithisexplanationandshall cooperate with the investigation' L With this'direction, this Criminal Petition is disposed of Pending misce llaneous aPPlications, if any, shall stand osed. 6tqt 84a13 //TRUE COPY// SD/. MOHD. IS AIL R ASSISTANT REGIS SECTION OFFICER To

1. The Principal Judicial First Class Magistrate at,Wanaoarthv i,+[:[El.[,il."",;",s':rii":lrii:u[5;'??xi.Y3ugx#"''iilJil'" Hvderabad (OUT) ij'""""#il i"Ri iHnurnut vENKAT YADAV' Advocate [oPUC] . Two CD CoPies S I HIGH COURT DATED:26t0312025 ORDER CRLP.No.4232 ot 2025 {HE --:S r,.r )4. k !) [ 3 tpn zlt25 * ),, --:a.-a.;a, DISPOSING OF THE CRL.PETITTON @" W