The High Court · 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.75 of 2025 daled 251O412025 on the file.of the Police Station Kadam, Nirmal District against the Petitioner and quash the same. 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 includrng the arreSt of the Petitioner in relation to Crime F.l.R No.75 oI 2025 dated 2510412025 on the file of the Police Station Kadam, Nirmal 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 Bhargava Krishna. L, Advocate for the Petitioner and Additional Public Prosecutor on behalf of the Respondent No.'1 and 2. The Court made the following: ORDER i I i I THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETI TION N o. 6900 oF 2025 ORDER This Criminal Petition is filed under Section 52t'i of Bharatiya NagarikSurakshaSanhita,2023(forshort'BNSS'2323')seeking quashment of the proceedings in Crime No 75 of 2C25 of Kadam Police Station, Nirmal District, against the petitioner' 2. The petitioner is sole accused in Crime Nrr'75 of 2025 registered for the offences punishable under Sectons 316 (2)' 316(5), 318(4) of Bharatiya Nyaya Sanhita' 2023 (for short 'BNS' 2023') and Section 7 of Essential Commodities Act'1155 (for short' 'EC Act'). 3. Heard Mr.Bharvaga Krishna, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Adc itional Public Prosecutor representing the respondent Nos l and 2' 4. The prosecution case in brief is that the p ltitioner is an individual and is a partner cum owner of Rice Mill under the name and style of 'M/s. Sri Raghavendra Rice Industrier;' at Laxmipur village, Kadam Mandal, Nirmal District, and engaged n the business of milling of paddy. The Telangana State Civil Supplies Corporation Limited (for short, 'TGSCSCL') entered into agreement with the II ^-* 2 N raJ (.RLP 6ql0_2025 petitioner's firm for procuring and milling of paddy and to deliver back the custom milling rice. Against this the petitioner was required to deliver 902.008 MTs of custom milled rice (CMR), but delivered only 629.980 MTs. lt is alleged that the TGSCSCL Department had conducted inspection in the petitioner's rice mill on 't 3.03.2025. lt is alleged that it resulted in a shortfall of 272.028 MTs of CMR and additional penalty CMR of 68.007 MTs for the kharif 2023-24 season. 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 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 conclusive findings on relevant aspects alleging criminality is untenable. That apart, the petitioner is ready to cooperate with the investigation and is intending to see the qrocess through. He further pointed out that the coordinate Bench of 9-1"I i I I I i I I i I l : 3 ' tu I a,.)fL : :i this Court vrde Criminal Petition Nos.1574, 1575 of 21025, 895 and 12037 of 2024 held that Section 316(5) of BNS, 2Cr23 would not attract in the circumstances of the case and directed the investigating agency for issuance of 35(3) of BNSS, 2( 23 notice and to follow the guidelines enunciated in Arnesh Kumtrr v. State of Biharl . Thus pleaded for granting similar relief to meet his hardship.

6. Learned Additional Public Prosecutor would submit that it is a clear case of misappropriation, the petitioner and sitnilarly placed other rice millers have caused loss of crores of rupees to the State and by the direction of issuance of notice, it is becon ing difficult tn proceeding with the investigation for want of cooperi'rtion from the petitioner. That apart, a Coordinate Bench of rhis Court in Crl.P.Nos.3933 of 2024, 3305 of 2024 and 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.

7./ I have perused the materials on record. I (2014) 8 scc 273 w I I i 1 ; I :.' #F 4 N1&J cRLP_6900_202s

8. Admittedly, the petitioner is a rice miller and running an industry under the name and style of 'M/s. Sri Raghavendra Rice lndustries'. lt is clear by the averments of the complaint that TGSCSCL Department had entered into agreenrent with the petitioner for carrying out milling of paddy. Further, in the complaint, the misappropriation has been alleged. Whereas the petitioner's plea of joint custody and the defences like natural decay, loss due to improper stocking of the materials are to be examined in the investigation. ln such 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 imprisonment up to seven years and considering the fact that the petitioner is running rice mill industry and the Government's contract is disclosing petitioner's well rooted place in the society and the aspects that the prosecution has not raised any impediment in securing the presence of the petitioner for investigation and the readiness of the petitioner to cooperate with the investigation,. without entering into merits and keeping pll \ prerogatives of the investigation open and to maintain parity, the 5 !Ltl,i petitioner is directed to appear before the SHO, Kadam ['olice Station, Nirmal District on or before 25.06.2025, whereupon, the lnvestigating Officer shall issue notice on the petitioner under Section 3t (3) of BNSS, 2023 in Crime No.75 of 2025 and take up further proceedirrgs'as per the guidelines ol Arnesh Kumar v. State of BihaL ln uriison the petitioner is directed to cooperate with the investigation.

10. With this direction, this Criminal Petition is dispos=d of. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- M.OSMAN ALI BAIG ASS lqrANT REGISTRAR / SIECTION OFFICER To. '"',. Th" Station House Officer, Police Station Kadam' Nirmal Iristrict Telangana 2. One CC to Sri Bhargavakrishna L' Advocate [OPUC] 3. Two CCs to the puUtic p'osecutor, High Court for the Stak'r of Telangana at Hyderabad [OUT]

4. Two CD CoPies Svs/gh M- ' (2014) 8 scc 273 :l':: l iPii .i, HIGH COURT DATED:1110612025 ORDER CRLP.No.6900 of 2025 ( c U 1 rE S14 ,a 1E JUN 206 { Dt lj 7' :::/ () n+ DISPOSING OF THE CRLP b 1b