The High Court · 2025

Nalgonda District, rip. by its Public Prosecutor, High Court, Hyderabad. 2. Hanumanthu Srinivas Goud, s/o Chandraiah, aged about 42 years, Occ' District Civil Supply Officer, Devarakonda town and Mandal, Nalgonda District. ...RESPONDENTS'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 call for the records relating to the FIR No. 245 of 2024 on the file of the Devarakonda Police station, Nalgonda District and quash the proceedings threon. 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 grant stay of all further proceedings against the petitioner in FIR No. 245 of 2024 on the file of the Devarakonda Police Station, Nalgonda District, pending disposal of the main criminal petition in the interest of the justice -7/ .i,1 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Arvapalli Shiva Sainath ,Advocate for the Petitioner and Sri. Jithender Rao Veeramalla, the Additional Public Prosecutor for the state of Telangana, on behalf of the Respondent No.1 and none appeared for the Respondent No. 2 The Court made the following: ORDER I It t i 1 THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA c INAL PETITION No.13353 of 2025 o DE 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused No-2 in Crime No'245 of 2024, on the file of Devarakonda Police Station, Nalgonda District' registered for the offences punishable under Sections 318(4) of BNS, 2023 and Section 7 of Essential Commodities Act, 1955'

2. Heard Sri A.Shiva Sainath, learned counsel for the petitioner/accused No.2 as well as Sri Jitender Rao Veeramalla, the leamed Additional Public Prosecutor appearing for the respondent No.1- State.

3. The specific allegations against the petitioner/accused No'2 are that the petitioner herein along with other accused have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 29.08.2024, at 1:00 hours, the petitioner was found in possession of 30 Jute bags of PDS rice weighing around 15 Quintals. 4- Learned counsel for the petitioner would further submit that without there being any complaint from any beneficiary, alleging that 2 EIDJ cd.P. 0.13353_2025 the rice was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper. The allegations on his face value cannot be sustained against the petitioner. 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 petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

5. The learned Additional Public Prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioner is cheating and violation of Sections 7 and 8 of the Essential Commodities Act, '1955 and further charge sheet was filed in this case and the matter is pending before the learned Additional Judicial Magistrate of Firct Class, Devarakonda vide C.C.No.130'l of 2024 and hence requested to pass appropriate orders.

6. Perused the material available on record.

7. Sections 7 and 8 of the Essential Commodities Act contemplate that any person contmvenes with the production, supply, distribution and trade of essential commodities or abetment '7, 3 EIoJ crl.P.iro.1!353_2025 in this regard, is punishable. As per the prosecution' the petitioner along with other accused has procured PDS rice from the 1 beneficiaries after supply from the dealer.

8. A Coordinate Bench of this court in Crl.P.No-7227 of 2025 has 0 t considered the identical facts and observed that:- "There is no ave,rment inclicating that the petitioners in any way deceptively induced the beneticiaries to pai with the supplied PDS rie or the beneficiary entruded the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or anverted to their own use or used it in violation of a lawful direction or cont&t. ln the absence of essential factors, on the face of pro*cution, this Court finds it to be a fit case to exercise the juridictim under Section 528 ot BNSS, 2023. Thus, continuance of prrceedings egiainsi. the petitionetsis abuse of process of law'"

9. 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 ot BNSS by applying the same analogy and to quash the proceedings against the petitioner herein.

10. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.'1301 of 2024, pending on the file of the \ leamed Additional Judicial Magistrate of First Class, Devarakonda, z1- '/ 4 ETDJ Crl.P.No.13353_2025 arising out of crime No.24s of 2024, on the file of Devarakonda Police Station, Nalgonda District, are hereby quashed.

11. Miscellaneous petitions, pending if any, shalt stand ctosed. \ SD'. P. PONNA KRISHNA TANT REGISTRAR ,,TRUE COPY" OFFICER To Hyderabad.(OUT)

1. The Additional Judicial First Class Magistrate, at Devarakonda. 2. The Station House Officer, Police Station Devarakonda, Nalgonda District. 3. Two CCs to the Public Prosecutor, High Court of Telangana, 4. One CC to Sri. Arvapalli Shiva Sai Nath, Advocate [OPUC] 5. Two CD Copies ?A HIGH COURT DATED:1 511012025 ORDER CRLP.No.13353 ot 2025 iiE S 1 o C) ( * 0 CRIMINAL PETITION IS ALLOWED @ te- Hil6-