High Court of State Of Telangana · 2025

Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records in the F.l.R No. 43 of 2025 dated 21.03.2025 on the file of the Police Station Pangal, Wanaparthy District against the Petitioner and quash the same. l.A. NO: 2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances 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 F.l.R No. 43 of 2025 daled 21.03.2025 on the file of the Police Station Pangal, Wanaparthy District pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri PASHAM MOHITH, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Addl. Public Prosecutor on behalf of the Respondents No. 1 and 2 and none appeared for the Respondent No.3. The Court made the following: ORDER I I I THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.4238 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.43 of 2025 of Pangal Police Station, Wanaparthy District, against the petitioner.

2. The petitioner is sole accused in Crime No.43 of 2025 registered for the offences punishable under Sections 316 (2), 316(5), 318(4) of Bharatiya Nyaya Sanhita, 2023 (tor 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 SVSS lndustries' and engaged in the business of milling of paddy. The Telangana State Civil Supplies Corporation Limited (for short, 'ISCSCL') entered into agreement with the petitioner's firm for 2 NTR, cRLP_4BA_2025 IE procuring and milling of paddy and to deliver back the custom milling rice. Accordingly for the Rabi season 2022-2023, the paddy of 4306.12 MT was delivered and on inspection dated I 21-03.2025, found that 2712.36 MT of paddy was missing. Thus, a police report was 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 facfo 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 got 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 soley 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 vide Criminal Petition Nos.1574, 1575 of 2025,895 and 12037 of 2024 \ ,/\ 3 NI8 cRLP-4238_2025 held that the 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, Stqte of Biharl . fhus 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 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 t , I I criminal breach of trust had directed the investigating agency to follow the procedure contemplated under Section 35(3) of BNSS,

2023. 7. B. Having regard to the nature of the offences and depth of I have perused the materials on record. 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 ' (2014) 8 scc 273 4 turR, cRLP_4238_202 5 II investing agency for issuance of Section 35(3) of BNSS, 2023 notice on the petitioner and to follow the guidelines of Arnesh Kumar v. State of Bihal before proceeding against the petitioner is 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 disposed of. Pending miscellaneous applications, if any, shall stand closed. To, MAIL SD/- MOHD. I ASSISTANT REGI TRAR I/TRUE COPY' \ I SECTION OFFICER

1. The I Addl. .ludicial First Class Magistrate atWanaparthy 2. The Station House Officer, Police Station, Pangal, Wanaparthy District 3. Two CCs to the PUBLIC PROSECUTOR, High Court at Hyderabad. (OUT) 4. One CC to SRI PASHAM MOHIIH , Advocate [OPUC] 5. Two CD Copies ]-pk/PSL w 'z (2014) 8 scc 273 HIGH COURT DATED:2710312025 ORDER CRLP.No.4238 ot 2025 oR THE S l4 .c C) O J APB 2OZ5 CRIMINAL PETITION IS DISPOSED OF @