Two CD Copies v. HIGH COURT

1. The State of Telangana, Rep. through the Public Prosecutor, High Court of Telangana at Hyderabad.

2. D. Balu, S/o D. Harjya, Aged 41 years, Occ. District l\ilanager, TSCSCL, R:/o D.No.25, Ground Floor, lntegrated District Offices Complex, Wanaparthy, wanaparthv District ...RES'.NDENTS Petition under Section 528 of BNSS, 2023 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 relating to FIR No. 86 OF 2025 on the file of Kothakota police station, Wanaparthy District and quash the same in so far as petitioner/Accused is concerned ; l.A. NO: 2OF 2025 Petition under Section 528 of BNSS, 2O23 praying that in the circumstances stated in the l/emorandum of Grounds of Criminal Petition,the High Courl may be pleased to grant stay of all further proceedings including arrest of petitio ner/accused in FIR No.B6 OF 2025 on the file of Kothakota police station, Wanaparthy District; This Petition coming on for hearing,upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri B Shiva Ram Sharma representing Sri K RATHANGA PANI REDDY, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and none appearfor the Respondent No.2. The Court made the following: ORDER f: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITI ON No.4925 0F 2025 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.86 of 2025 of Kothakota Police Station, wanaparthy District, against the Petitioner.

2. The petitioner is arrayed as accused in crime No.86 of 2025 registered for the offences punishable under Sections 316(2) 316(5), 318(4) of Bharatiya Nyaya Sanhita, 2023 and section 7 of Essential commodities Act,1955 (for short, 'EC Act')

3. Heard Mr. B'Shiva Ram Sharma, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing the respondent No. 1 -State.

4. The prosecution case in brief is that the petitioner is the Proprietor of Rice Mill under the name and style'M/s Venkateshwara 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. lt is .alleged that the TSCSCL Department had conducted inspection in tlre j t , I petitioner's rice mill on 05.12.2024 and found 435.360 MTS of paddy missing' Thus,apolicereportwaslodgedagainstthepetitionerformisappropriationof 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' lhedefactocomplainantandthepetitionerwouldbeinjointcustodyofthe 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 theagreement,thedisputehastobeplacedbeforetheArbitratorandwithout such an effort, the Government on its own concluding misappropriation and initiating prosecution without any conclusive findings on relevant aspects alleging criminalityisuntenable.Thatapart,thepetitionerisreadytocooperatewiththe investigation and is intending to see the process through He further pointed out thatthecoordinateBenchofthisCourtyrdeCriminalPetitionNos.l5T4'1575of 2025, 895 and 12037 of 2024 held that Section 316(5) of BNS, 2023 (previously Section40goflPC)wouldnotattractinthecircumstancesofthecaseand I directedtheinvestigatingagencyforissuanceofnoticeunderSection35(3)of BNSS,2023andtofollowtheguidelinesenunciatedinArneshKumarv.state of Biharl .Thus pleaded for granting similar relief to meet their hardship. 6-LearnedAdditionalPublicProsecutorwouldsubmitthatitisaclearcaseof misappropriation,thepetitionerandsimilarlyplacedotherricemillershave ' (2014) 8 scc 273 \ ! I caused loss of crores of rupees to the State and by the direction of issuance of notice, it is becoming difficult in proceeding with the investigation for want of cooperation from the petitioner. That apart, a Coordinate Bench of this Court in Crl.P.Nos.3933 of 2024, 3305 of 2024 3306 of 2024, having considered the submissions dismissed the criminal petitions. The petitioner herein is also facing self same accusations, therefore, pending investigation proceedings, this petition has to be dismissed Further submits that, if the Court considers otherwise, directing the petitioner for depositing considerable amount against the complaint mentioned loss, would be proper.

7. I have perused the materials on record

8. Admittedly, the petitioner is the owner of 'M/s. Venkateshwara Traders,. lt is clear by the averments of the complaint that rscscl Department had entered into an agreement with the petitioner for carrying out milling of paddy. Further, in the complaint, the m isappropriation has been alleged. Whereas the petitionels plea of joint custody and the defences like natural decay. loss due to lmproper stocking of the materials are to be examined in the investigation. ln such l I position, any direction to furnish security would be premature.

9. Further, 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 an I I imprisonment up to seven years and considering the fact that the petitioner ls runningricemillin(lustryandtheGovernment,scontractisdisclosingpetitioner's well rooted place in the society and the aspects that the prosecution has not raisedanyimpedimentinsecuringthepresenceofthepetitionerforinvestigation andthereadinessofthepetitionertocooperatewiththeinvestigation,without enteringintomeritsandkeepingallprerogativesoftheinvestigationopenandto maintain parity, directing the lnvestigating Agency for issuance of notice under Section35(3)ofBNSS,2023onthepetitioner/accusedinCrimeNo'86of2025 and to adhere the guidelines of Arnesh Kumar's case (supra) before proceeding against the petitioner/accused, is found appropriate Accordingly' ordered.lnunison,thepetitioner/accusedisdirectedtosubmitexplanationand materials, if any, and shall cooperate with the investigation' 10 With this direction, this Criminal Petition is disposed of. Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/. T JAYASREE DEPUW REGISTRAR SECTION OFFICER The Judicial First Class Magistrate, Atmakur The Station House Officer, Kothakota P.S., Wanaparthy District One CC to SRl. K RATHANGA PANI REDDY Advocate [OPUC] Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) Two CD Copies I I To, 1, 2. 2

4. 5. MVS h' t I HIGH COURT DATED:0910412025 ORDER CRLP.No.4925 of 2025 ,,,; S lr, t ) o 01 hur 2[25 t O6 ,li.ATc t DISPOSING OF THE CRIMINAL PETITION g 4 '.1 ./t /