CRIMINAL PETITION NO: 11654 OF 2025 v. The State of Telangana

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.1054 ot 2023, on the file of the learned Additional Judicial Magistrate of First Class, Mahabubabad, Mahabubabad District, registered for the offences under Section 420 IPC and Section 7(a)(i) of Essential Commodities Act, .1955

Heard Sri Nakka Naveen, learned counsel representing Ms.Shiva Rani, learned counsel on record for the petitioners as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1 -State.

The specific allegations against the petitioners/accused Nos.'1 & 2 are that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 17.01 .2016, at about 23:00 hours, the petitioners were found in possession of 340 bags of PDS rice, totaling 170 quintals

Learned counsel for the petitioners would further submit that without there berng any complaint from any beneficlary, alleging that the rice was procured deceptively or with a criminal intent and ) ETD,I Crl.P.No.11654 2025 charging the petitioners for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioners. Further, this Court in Crl.P.Nos.5709 of 2019 and 33493 of 2015 while considering the same situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioners are also entitled to the same rellef and hence prayed to quash the proceedings against the petitioners

The learned Additional Public Prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Sections 7 and B of the Essential Commodities Act, 1955 and requested to pass appropriate orders.

Perused the material available on record 7 . Sections 7 and 8 of the Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abetment in this regard is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer B. 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 indicating that the petitioners in any way deceptivety induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or convefted to their own use or used it in violation of a lawful direction or contract. ln the absence of essential factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioners rs abuse of process of law. "

The facts and circumstances of the present case also are 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.

Miscellaneous petitions, pending if any, shall stand closed SD/.C.DEEPIKA ASSISTANT REGISTRAR 6 i/TRUE COPY' !iECTION OFFICER \ To, 19

1. The Additional Judicial First Class Magistrate at Mahabubabad. 2. The Station House Officer, Kuravi police Station, Mahabubabad District 3 Two CCs to the pubric prosecutor, High court for the state of rerangana at 4. One CC to tvls B.SHIVA RAN|, Advocate [OPUC] Hyderabad [OUT] , -futo cD @iet. -4.'-H.+---,._ HIGH COURT DATED:0910912025 ORDER CRLP.No.11654 of 2025 l .:i;r741 Qf. a' ,t< i.i\:,t l]lt1 ?ffi 30 .\ a,r:. r' r i(l' ,/ ALLOWING THE CRIMINAL PETITION o ) b,g