JaligamaRaju v. The State of Telangana

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 quash the proceedings in cc No. 287 of 2017 on the file of the Principal Judicial Magiskate of First Class at Kamareddy in so far as petitioner' t.A. NO: 2 OF 2025 Petition under Section 528 of B.N.s.s praying that in the circumstances stated in the Memorandum of Grounds of criminal i)etition, the High court may be pleased to grant stay of all further proceedings against the_ petitioner in cc No. 287 of 2017 on-the file of the Principal Judicial Magistrate of First Class at Kamareddy pending disposal of the main criminal petition. This Petition coming on for hearing, upon perusing the Memorandum. of Grounds of Criminal Petition and upon hearing the arguments of Sri A.Divakar Reddy, Advocate for the Petitioner and sri Jithender Rao veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No,2. The Court made the following: ORDER 2 sell the same lor profit and on 10.09.2016, the petitioner was found \i in possession of 258 bags of PDS rice totalling 127.23 quintals.

#4. [-earned counsel lor the petitioner would submit that without there being any complaint from any beneficiary, alleging that the rlce was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper The allegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Crl.P.No.5709 of 20 19, while considering the same situation, categorically observed that the off'ences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner

#5. 'Ihe learned Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioner is cheating and violation of Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act') and requested to pass appropriate orders

#6. Section 7 of the EC Act contemplate that any person contravenes with, the production, supply, distribution and trade of J essential commodities, is punishabte. As per the prosecution, the petitioner has procured PDS rice from the benehciaries after supply from the dealer.

#7. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no averment indicdting that the petitioner in any way deceptively induced the beneficiaries to Part \ailh the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or convertcd to their own use or used it in violation of a lawlul direction or contract. In the dbsence of essential factors, on the face of prosecutton, this Court finds it to be a Jil case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, conlinuance of proceedings dgainst the petitioner is abuse of process of law".

#8. The facts and circumstances of the present case also similar to those in the above case and hence, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of BNSS by applying the same analogy and to quash the proceedings against the petitioner herein. g. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.287 of 2017, on the file of leamed Principal Judicial Magistrate of First Class at Kamareddy, against the petitioner/accused, are hereby quashed. I- I 4 Pending miscellaneous applications, if any, shall stand closed //TRUE COPY// SD/- M.OSMAN ALI BAIG T REGISTRAR ASSIST S TION OFFICER To,

#1. The Principal Judicial Magistrate of First Class at Ka dy (With records if any)

#2. The Station House Officer, Tadwai Police Station, Nizamabad District. 3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at 4 One CC to Sri A Divakar Reddy, Advocate [OPUC] 5 Two CD Copies Hyderabad [OUT] ),: ry GNK/ka HIGH COURT DATED: 2110412026 ORDER CRLP.No.6005 of 2026 ."1 /.' ,< .1\.),J I t-r l? t4 2 B Apfl ?07r ALLOWING THE CRIMINAL PETITION