The High Court · 2025

l|g St9!e.of Telangana, Rep by its Public Prosecutor, High Court for the State of Telangana. Station House Officer, Police Station, Chinnambavi, Wanaparthy Diskict. The District _Manager, Telangana State Civil Supplies Corporation Ltd, Wanaparthy District. O/o D No 25, Ground Floor, integrated 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 HiQh Court may be pleased to quash the FlR. No 29 of 2025, dated. 2O-O3-2O25 on the file of Station House Officer, Police Station, Chinnambavi, Wanaparthy District for the offences under Sections 16(2), 316(5), 318(4) of BNS, 2023 and Section 7 of Essential Commodities. l.A. NO: 2OF 2U25 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. 29 of 2025, dated. 20-03-2025 on the file of Station House Officer, Police Station, Chinnambavi, Wanaparthy District for the offences under Sections 316(2), 316(5), 318(4) of BNS, 2023 and Section 7 of Essentiirl Commodities Act' pending disPosal of the above case ThisPetitioncorningonforhearing,uponperusingthetvlenorandumof GroundsofCriminalpe.titionanduponhearingthearguments;ofSrrCHALAKANI VENKAT YADAV. Advocate for the Petitioner and of Sri Ji':hender RAo Veeramalla,theAoditionatPublicProsecutorfortheStateof-[elanganaonbehalf of the Respondent No ' and 2 and None appeared for the Respondent No 3 The Court made the following: ORDER f ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.4233 0F 2025 This criminar petition is fired under section s2g of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ,BNSS, 2023,) seeking quashment of the proceedings in crime No.2g of 2o2s of chinnambabi Police Station, Wanaparthy District, against the petitioner. 2- The petitioner is sore accused in crime No.66 of 2025 registered for the offences punishabte under Sections 3i6 (2), 316(5), 318(4) of Bharatiya Nyaya Sanhita, ZO23 (Ior short ,BNS, 2023,) and Section 7 of Essential Commodities Act,195S (for short, ,EC Act,).

3. Heard lMr. 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 'tr//s. Mahathi rraders, 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 miiling rice. Accordingry, during Karif season, the rice of 404.715 MT was derivered and during Rabi season ENnL/ Cr/. l'.1 ro. 12 l3 of 2025 2 the rice of 5C2.280 MT was delivered and on inspection dated 20 03.202{i, found lhat 3,444.748 MT of paddy was missing. Thus, a Police Report was lodged against the pe.litioner for misappropriation of stocks and violation of the agreement and for reiovery of the arrounts.

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 pzrddy. Further pleaded that the Governm<.,nt 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 befort: the Arbitrator and without such an effort, the Governmenl on ts own concluding misappropriatic,n an<l initiating prosecution without any finding regarding the relevant aspects and the actual loss, based solely on a stock discrepancy, alleging complicity is implausible. That apart, the petitioner is ready to cooperat,3 with the investigation and s intending to see through the process. He further pointed out that the coordinate Bench of this Cout vlder Criminal Petition Nos.1574. 1575 of 2025,895 and 12031 of 2024 held that Section 316(5) of l3NS, 2023 would not attract in the c,ircumr;tances of the case and directed the investigating agency for issuance of 35(3) of BNSS, 2023 noticer and to follow the guidelines enunciated in Arnesh 1 \ t J ,\ry&/ Cr/.P.No. 4211 oJ 2025 Kumar v. State 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 I 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 I / 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 Section 35(3) of BNSS, 2023 notice on the petitioner in Crime No.29 of 2025 and to follow the guidelines of Arnesh Kumar v. State of Bihal 1 (2014) 8 scc 273 'z (2014) 8 scc 273 4 N].R./ Cri..t).\o. )) oJ'202 5 before proceed ng against the petitioner, is fc und appropriate. Accordingly, ordored. ln unison, the petitioner is direr:ted tc, sLr6r;t ,.r. explanation and r;hall cooperate with the investigation

9. With this d rection, this Criminal Petition is disposed ol Pending miscellaneous applications, if any, shall stancl closed SD/. MOHD.ISMAIL ASSISTANT REG STRAR I //TRUE COPYII \ SECTION OFFICER To 1 2 3 4 The llAdditiona Judicial First Class Magistrate at wanaparthy The S^tation House Offiqer, Chinnambavi Police Station, Wanbparthy District Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OU'f) One CC to SRl. CHALAKANI VENKAT YADAV, Advocate topUCl Two CD Copies Pr,rPSt g HIGH COURT DATED:2610312025 ORDER CRLP.No.4233 ot 2025 -i r' ...\ {..( \ f) c Ir J lpn ?025 { /)- .. *..__./ DISPOSING OF THE CRL.PETITION GJ^fq W