One CC to Sri v. Yadu Krishna Sainath

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 Quash proceedings in C.C. No.316 of 2023 on the file of the Judicial First Class Magistrate, at Boath, Adilabad District. l.A. NO: 2OF 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 in C.C. No.316 of 2023 on the file of the Judicial First Class Magistrate, at Boath, Adilabad 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 V Yadu Krishna Sainath, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No.s180 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 CC No.3'16 of 2023 pending on the file of the Judicial First Class Magistrate at Boath, Adilabad District, against the petitioner-accused. 2 The petitioner is arrayed as sole accused in CC No.316 of 2025 registered for the offences punishable under Section 1BB and 420 of lndian Penal Code, '1860 (for short "lPC")

3. Heard Mr.Vemula Yadu Krishna Sainath, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No. 1-State

4. The prosecution case in brief is that on 17.06.2021 ,lhe de-facto complainanVMandal Agricultural Officer on credible. information of de-notified npk granulated mixture, has surprised the business premises of the petitioner i.e., lvl/s. Shabarimatha Fertilizer shop and found the de-notified NPK granulated mixture, thereupon, seized the stock, registers and bill books and lodged the complaint against the petitioner- accused. 2

5. Learned counsel for the petitioner would submit that the petitioner is innocent and further pleaded that as per the charge sheet lhe deiacto complainant and the staff are shown as witnesses and there is no material to show that the petitioner has deceptively sold the alleged NPK granulated mixture to the customers. He further submits that having regard to the similar position, this Court has quashed the proceedings against the petitioner/accused therein in Crl.P.No.1929 and '1984 of 2023 and Crl.P No.3991 and 9016 of 2021. Thus, continuation of proceedings under Section 420 of IPC would be abuse of process of law. He further pleaded that the accusation under Section 1BB of IPC would also liable to be quashed as the mandatory prescription for taking cognizance has not been complied. Thus, prayed for quashment of proceedings in the calendar case against the petitioner-accused.

6. Learned Additional Public Prosecutor would submit that the officials surprised the premises and seized stock, registers and bill books and placed for prosecution and the facts would be determined by the trial Court at appropriate stage. However, fairly admits that this Court in other criminal petitions quashed the proceedings against the petitioner.

7. I have perused the materials on record

8. The prosecution has alleged that the petitioner by cheating had retailed the banned NPK granulated mixture. This Court while 3 considering the earlier criminal petitions, by observing that the elements of the deceptive act on the part of the accused and cheating are not made out, quashed the proceedings. ln the present case, except seizure of registers, there is nothing to discern any unfair act of the petitioner in retailing the banned stock. The prosecution, for the reasons best known to it, chose not to examine the customers/ recipients to draw up such essential aspect. Thus, exfacie the materials are falling short to establish cheating. As such the prosecution for the offence under Section 420 of IPC would be improper. I So far as the allegations under Section '1 88 of IPC are concerned, the proceedings were initiated upon the police report of the lVandal Agricultural Officer. Section 195 of Cr.P.C contemplates that cognizance of the offence punishable under Section 188 of IPC shall be on the complaint by the public servant before the Magistrate concerned. Therefore, the cognizance by the Court is in contravention of the Section 195 of the Cr.P.C. ln effect the cognizance order for the offence under Section 188 of IPC cannot be sustained. 10 ln the circumstances, reserving the rights of the authority concerned to prosecute the petitioner under appropriate procedure in accordance with law, this criminal petition is allowed and the proceedings against the petitioner in CC No.3'16 of 2023 on the file of the Judicial First Class Magistrate at Boath, Adilabad District are hereby quashed. f 4 a,:; ,,1 a, Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SO/- U. SUDHA ASSISTANT REGISTRAR (r, SECTION OFFICER To,

1. The Judicial First Class Magistrate, at Boath, Adilabad District 2. The Station House Officer, Neradigonda Police Station, Adilabad 3. One CC to Sri V. Yadu Krishna Sainath, Advocate tOpUCl 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

5. Two CD copies ?Aq. HIGH COURT DATE D: 1 510412025 I ORDER CRLP.No.5180 of 2025 $ l liL (c I L \: \ 2I JUL ZUs r' D SPAI r' Allowing the Criminal Petition M(, Lt t+l>r €