High Court · 2025

The State of Telangana, Rep. by its Principal Sgc-reta.ry Consumer Affairs, Food and Civil Supp'iies depaitmeht, Secretariat, Hyderabad. ff,e f"iangana Sidte Civit Supplies Corporation Liinited, Ofirce. 6-3- 655/1/A, eioik-B, iivil Supplies Bhavlh, Somajiguda, Hyderabad, Rep bv its Vice- Chairman and Managing Director. The District Collector. N-aravanpet, Narayanpet District. fne AOAitional District Ccittecior and Suoolies Corooration Ltd, Narayanpet, Narayanpet District. Thb'suoerintbndent of Police, Narayanpet, Narayanpet District The Didtrict Civil Supplies Officer, Narayanpet, Narayanpet District. The District Managbr, Telangana State Civil Supplies Corporation Ltd, Naravanoet. Naravanoet District. frre Station Housr! officer, Police Station, Dhanwada, Narayanpet District' and ED, Telangana State Civil -EO ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of respondent authorities, particularly the respondents. No. 5 and 8, in not to closing the case in crime..No. 42 0f 2024 0n 11-04-2024 for the offences under Sections 420, 409 0f IPC and section 7 of Essential .commodities Act, 1955 against the petitioner, which is registered basing on the 7th respondent false complaint, daled. 11-04-2024, by considering the petitioners request letter, dated. 20-02-2025, Order in wP. No. 2g422 of 2024, daled. 17-10-2024, District Manager lntimation Letter, dated. 31- .s-'** 07 -2024, 04-11-2024 as illegal, arbitrary against the principles of natural justice. consequently to direct the respondent authorities. particularly the respondent. No. 5 and 8 to close the case in crime. No. 42 of 2024, dafed. 11-04-2024 on the file of Police Station, Dhanwada. Narayanpet District for the offences under Sections 420, 4og of lpc and section 7 of Essential commodities Act, 195s, by considering the petitioners request letter, dated. 2o-o2-202s, order in wp. No. 28422 of 2024, dated. 1z-10-2024, District Manager _rntimation Letter, dated. 31 -07 -2024, O4-1 1 -2024 lA NO: 1 OF 2025 Petition under section 15'l cpc praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent authorities. particularly the respondent. No. 5 and B to close the case in crime. No. 42 of 2024, daled. 11-04-2024 on the file of police station, Dhanwada, Narayanpet District for the offences under sections 42o,4og of lpc and Section 7 of Essential commodities Act, 1955, by considering the petitioners request letter, dated. 20-o2-202s, order in wp. No. 28422 ot 2024, dated. 1T-1o- 2024, District Manager lntimation Letter, dated. 31-o7-2024, o4-11-2024, pending disposal of the writ petition. Counsel for the Petitioner: SRl. CHALAKANI VENKAT YADAV Counsel for the Respondent Nos. 1,3,4&6: Gp FOR CIVIL SUPPLIES Counsel for the Respondent Nos. 2&7: SRI K. DEVENOAR, SC FOR CIVIL SUPPLIES Counsel for the Respondent Nos. 5&g: Gp FOR HOME The Court made the following: ORDER THE HONOURABLE SMT JUSTICE T'MADHAVI DEVI WRIT PETITION No.92OO oF 2025 oRDER: In this writ petition, the petitioner is challenging the action of the respondent authorities in not closing the case rn Crime No.42 of 2024 dated' 1 1'O4' 2024 registered against him for the offences punishable under Sections 42O and 4O9 of IPC and Section 7 of the Essential Commodities Act' 1955' 2. On an earlier occasion' the petitioner had frled W.P.No.28422 of 2024 stating that without conducting any enquiry and without there being registered agreement between him and the respondents therein' the crime could not have been registered' This Court' at the admission stage' has directed respondent No'2 - Corporation to produce the copy of the agreement before the police' within a period of one month from the date of the order and if the same is not produced, then to presume that there is no agreement between the parties and directed the police to take action accordinglY. a -1 2

3. Learned counsel for the petitioner has drawn the attention of this Court to the proceedings of the District Manager - respondent No.7 dated 04.1I.2024 and 31.07.2024 to the effect that no agreement is entered into by the petitioner with the Corporation. He, therefore, made his representation to the Superintendent of police _ respondent No.S on 2O.O2.2O25 to close the case against him. 4. The respondents have filed their counter afhdavits and according to the counter affidavit hled by respondent No.7, there was no written agreement, but as per G.O.Ms.No.23, dated 18.10.2022, tine CMR paddy has been procured and supplied to the petitioner a,d there is default by the petitioner in supply of the CMR rice. He further submitted that on arl earlier occasion, the petitioner has filed a criminal petition befor-e this Court for quashing of the FIR and subsequen tly has withdrawn the same after rrring of the counter affidavit by the Corporation bringing the factual aspects tct the notice of this Court. 5. Having regard to the submissions made by both the parties, 'ihis Court finds that the petitioner 1S seeking quashing of the FIR on the ground that there is no ground for i I 3 registering the case against him, as there is no agreement between the parties. The said issue will have to be considered in an appropriate application before this Court and not in this writ petition frled under erticle 226 of the Constitution of India. The petitioner is, therefore, granted liberty to frle appropriate application before the Court for quashing ofthe FIR on the above ground'

6. Accordingly, the writ petition is closed' There shail be no order as to costs. Miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// S D/.M. OSMAN ALI BAIG STANT REGISTRAR SECTION OFFICER To, 1 2 J 4 5 M B LS ?,l:33Ji"'SiPSAHtrAUF)ffi IY$Bf X;t*1::?Et'"':''"""1 +flStalt"Jy?%ffttf?''Xrh court ror the state or rerangana' at BI1"6t?3t?Y-k o=u.*ooR , sc FoR crvrl I.PUC] Two CD CoPies ',PPLTES HIGH COURT DATED:17llOtZLZs l ! I I j I t; ,17.'-,i. ' ' li: S!; \.. ,:\.a\ ,// k" ,': ') U 1t ruE zffi a' '\ i ,l a .,t- ,l * r.sD - L./ D,,-i(..9i. --"at:a--;?' ORDER WP.No.9200 of 2025 CLOSING THE WRIT PETITION WITHOUTCOSTS c/

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