The High Court · 2025

1. Kaipu Prabhakar Reddy S/o Anji Reddy, Age 48 years, Occ Business, R/o. I . ryo 1- 1- 1657 , Rakasipet of Bodhan, Owner of Mis. Surya Agro lndustries, Srinivasanagar, Bodhan. 2 lTb9I Sa1flee,q, S/o.^Shan(ar,.Age 31 years, Occ Munim of Surya Agro 3. Peddinti Raju, S/o. Sailoo, Age 33 years, Occ Rice- Mill Driver of Surva Aoro 4. P.anthosh Kumar Sing_h, S/ o. Sikinder Singh, Age 38 years, Occ Hamali Mukhaddam.at.Syryq ASlo lndustries, R/o. panshtjwa Viilage, Beldaur Taluq, Khangaria District, Bihar State. lndustries, R/o. Ambedkar colony, Bodhan, Nizamabad District. AND ...PETITIONER/ACCUSED NO. 1 TO 4 1 2 The State of Telanganar Through S, H. O. , p. S. Bodhan, Nizamabad District, Represented by Public Proseculor, High Court at Hyderabad. Sri. D. Peter, Assistant Sub- lnspector of police, p. S. Bodhan, Nizamabad District. ...RESPONDENT/DEFCATO.COMPLAINANT 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 the charge sheet in c. c. No. 642 of 201g, on the file of Judicial Firsl class Magistrate at Bodhan, Nizamabad District as against the petitioners/ Accused Nos. 1 to 4 I.A. NO: 1OF 2025 Petition under Section 52B of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition,the High court may be pleased to stay of all further proceedings including appea-rance of the petitioners/ Accused Nos. 1 to 4 in c. c. No. 642 of 2018, on ttr'e tite ot Judicial First Class Magistrate at Bodhan, Nizamabad District This Petition coming on for hearing,upon perusing tl e lvlemorandum of Grounds of Criminal Petition and upon hearing the zrrt luments of Sri K VENUN/ADHAV ,Advocate for the Petitioner and lvlr V.Jiti'r:r der Rao Additional Public Prosecutor on behalf of the Respondent No1. and rtne appear for the Respondent No2. The Court made the following: ORDER l'1 THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA cRl MINAL PETITI ON No.12 645 of 2025 ORDER: ' This Criminal petition is filed by the petitioners/accused Nos l to 4 under Section 528 of Bharatiya Nagarik Suraksha Sanhita' 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in C.C.No.642 ot 2O1B on the file of the learned Judicial First Class Magistrate at Bhodan, Nizamabad District' registered for the offences under Section 420 of lndian Penal Code' 1860 (for short 'lPC') and Section 7 of the Essential Commodities Act' 1955'

2. Heard Sri K'Venumadhav' learned counsel for the petitioners as well as Sri Jithender Rao Veeramalla' learned AdditionalPublicProsecutorappearingfortherespondentNo.,l- State.

3. Learned counsel for the petitioners submits that the specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 03.05.2018 at 4'00 PM' the petitioners were found in possession of 6 quintals of PDS rice'

4. Learned counsel for the petitioners would further submit that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and imProPer' 2 The allegations on their face value cannot be s-s ained against the petitioners Further, this Court in Crl.P.Nos.57Ol, ,t 2019 and 33493 oI 2015 while considering the same situation, catr:, torically observed that the offences alleged against the petitioners herein cannot be continued and quashed the proceedings. The 1re titioners are also entitled to the same relief and hence praye J to quash the proceedings against the petitioners.

5. The learned Additional Public Pros ec rtor submits that as per prosecution, the offence said to have bet:-r :ommitted by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 and requested to pass a;r rr cpriate orders

6. Perused the material available on re:o d 7. Section 7 of the Essential Commodili::r Act contemplate that any person contravenes with the production ; rpply, distribution and trade of essential commodities in this regar: s punishable. As per the prosecution, the petitioners have procurec l'DS rice from the beneficiaries after supply from the dealer. B. A Coordinate Bench of this Court rr Crl.P.No.7227 of 2025 has considered the identical facts and obser;t d that: "There is no averment indicating that ttr,, petitioners in any way deceptively induced the beneficiaries lo part with the supplied PDS rice or the beneficiary entrusteL he PDS rice purchased by them with the petitioners and tl c / dishonestly misappropriated or converted to their own us() )r used it in ..-..,.-. 3 ETD) 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 is abuse of process of law."

9. 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 o'f BNSS by applying the same analogy and to quash the proceedings against the petitioner herein.

10. Accordingly, the Criminal Petitron is allowed and the proceedings in C.C.No.642 of 2O1B on the file of the learned Judicial First Class l\4agistrate at Bhodan, Nizamabad District, against the petitioners-accused Nos.1 to 4, are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed. SD/. A.PRATHIMA PUTY REGISTRAR //TRUE COPY'/ s CTION OFFICER To,

1. The Judicial First Class tvlagistrate at Bodhan' Nizamabad District 2. The Station House Officer, Police Statlon Bodhan ' Nizambad District 3. One CC to SRl. K VENUMADHAV Advocate [OPUC] 4. Two CC to SRl. PUBLIC PROSECUTOR Advocate [OUTI 5. Two CD CoPies AG/PSL HIGH COURT DATED:25109t2025 ORDER CRLP.No.12645 ot 2025 ,2.,I ./ i, 10Dt !025 ":.. ,. .....a. q CRLP IS ALLOWED