Kanraku Balaji @ Balu & Anr. v. The allegations, even taken at their face value cannot be sustained

7 IN THE HIGH COURT FOR'THE STATE OF TtrLANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.1474 of 2026 Date: 06.05.2026 Between: Kanraku Balaji @ Balu and another ANI) The State of Telangana, and another ...Petitioners . Respondents ORDER This Criminal Petition has been filed by the petitioners/accused Nos. I and 2 seeking to quash the proceedings in C.C.No.1711of 2022, on the file of the I Additional Judicial Magistrate of First Class at Nizamabad

Heard ' Mr.A.Divakar Reddy, learned counsel for the petitioners and Mr.Jithencler l{ac Veeramalla, leamed Additional Public Prosecutor for respondent No. I

The specific allegation against the petitioners/accused Nos.1 and 2 is that they have procured PDS rice from the beneficiaries at 2 cheaper rate to scll the same for proflt and on 26.08.2022, the petitioners were fourrcl in possession of 7.36 quintals of PDS rice.

Lcarned counsel lor the petitioners wor-rld subrnit that witl.rout there being any complaint from any benefrciary, alleging that the rice was procured deceptively or rvith a criminal intent and charging the petitioners lor prosecution is untenable and improper The allegations, even taken at their face value cannot be sustained againsl the petitioners. Further, this Courl, in Crl.P.No.5709 ol 2019, white considering the same situation, categorically observed that the oflences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners

The learned Additional Public Prosecutor submits that as per prosecution, the offences said to have bcen comrnitted by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act') and requesred to pass appropriate orders 3

Section 7 of the EC Act contemplate that any person contravenes with the pro<luction, supply, distribution and trade of essential cornmodities, is punishable. As per the prosecution, the petitioggrs hav-e procured PDS rice frorn the beneficiaries afier supply from the dealer. \

A Coordinate Bench of this Court in Crt.P.No'7227 of 2025 has considered the identical facts and observed that: "There is tto overm('nt indicaing lltol lha prtilioner irt any wcry deceptively induced the bene, liciaries to Part $'ilh thc supplied PDS rice or the benefciary enlruste(l the PDS rice pux:husctl b)' them u'ilh the petilioner and thel' dishonestl!' uti:iuppro?riuted or conre ed b their o.nrt use or used if in t;iolation of a lor, ful directitttt or conlract- In the absence of essenlial fttclors. on the .t'ace of'prosaculion' lhis Court finds it to be alt case to exerci.\e lhe jurisdictitn urrlcr Section 528 oJ BNSS, 2023. Thus, continuaice oJ.procaclings ugditlsL lhc Pelittonar is ahuse of process oJ luv' '' .

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 petitioners herein.

The I Additional Judicial Magistrate of First Class at Nizamabad. 2. The Station House Officer, Nizamabad I Town Police Station, Nizamabad District.

3. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad [OUT] 4. One CC to Sri Alluri Divakar Reddy, Advocate [OPUC] 5. Two CD Copies SECTION OFFICER GNK/KA HIGH COURT DATED: 0610512026 ORDER CRLP.No.7474 of 2026 iHE ) rAIf a t._) 1B uN 2t2i a .L +fi n L- AT ct\ * ] ALLOWING THE CRIMINAL PETITION @$-