The High Court · 2025

2. Manne Sridhar, S/o. Yadaiah, Aged 34 years. Occ. Deputy Tahsildar, R/o.Shivampet Village, Chowtkur lvlandal, Sangareddy Drstrict. ...RESPONDENTS/COMPLAINANTS Petitron under Section 528 of BNSS praying that rn the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the impugned proceedings in C.C. No. 1547 of 2022, on lh,e frle of the ll Additional Junror Crvil Judge-cum- Judicral Magrstrate of First Class Zaheerabad, in so far as petitioner / Accused No 1 is concerned. l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to grant interim stay of all further proceedings in C.C No. 1547 of 2022, on the file of the ll Additional Junror Civil Judge-cum- Judicial Ivlagistrate of First Class, Zaheerabad., including appearance and attendance of the petitioner / Accused No 1, pending disposal of the above Criminal petitron This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petrtion and upon hearing the arguments of Sri. M. [/URALIDHAR, learned counsel representrng Sri RATHAN SINGH M, Advocate for the Petitioner and the Sri JITHENDER RAO VEERAI,4ALLA the learned Addl. Public Prosecutor on behalf of the Respondent No. 1 The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE TIRUMAL/\ C.EVI EADA CRIMINAL PETITION No.13509 ot 2C25 ORDER: Tlris Crirrnal petition is filed by the petitiorr,; , rccLrsed No 1 under Section 528 of Bharatiya Nagarik Suraksha []:rr rila 2023 (for short BNSS, 2023') seeking quashment of p rocee,Cings in C C No 1547 of 2022 on the file of the learned ll t\irlitional Jr-rnior Civil J udge-cum-J udicial Magrstrate of First Class Zatreerabad, registered for the offences under Section 42O of lndti r Perral Code, '1 860 (for shorl IPC') and Section 7 of the Essent,r i Corrrmodities Act, '1 955.

2. Heard Sri I\4.lVluralidhar, learned couns;el representing Mr.l\4.Rathan Singh, learned counsel for the petitrone,r as well as Sri Jithender Rao Veeramalla, learned Additional Pulrl c Prosecutor appearing for the respondent No.1 -State.

3. Learned counsel for the petitioner sulrrtits that the specific allegation against the petitioner is that he altng r,nrith other accused have procured PDS rice from the beneficiar es at cheaper rate to sell the same for profit and on 09.10.2021 a t about 13 30 hours, the petitioner along with other accused i,r'e.e found rn possession of 402.20 quintals of PDS rice.

4. Learned counsel for the petitioner would fLrrthe:r submit that without there being any complaint from any benefrc ary. alleging 2 !r-rc\,:- '' that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and inlproper. 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 sanre situation, categorrcally observed that the offences alleged against the petrtioners 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 submits that as per prosecution, the offence said to have been commrtted by the petitioner is cheating and violation of Section 7 of the Essential Commodities Act, 1955 and requested to pass appropriate orders.

6. Perused the material available on record.

7. Section 7 of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities in this regard, rs punishable. As per the prosecution, the petitioner had procured PDS rice f rom the beneficiaries after supply from the dealer. B. A Coordinate Bench of this Court in Crl.P-No7227 ol 2025 has considered the identical facts and observed that: "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to part with the : ,<7 3 supplied PDS rice or the beneficiary entrusted the PDS rice pr-rr-chasecl by thcm with the petitioners and th(),./ c ishonestly rn isa pprotr)riated or converted to their own use ,r' used il in violation of a lawful direction or contract. ln the arsence of (rssentral lactors, on the face of prosecution, this C ourt f nds it to be a frt case to exercise the jurisdiction under Se;t on lj28 of BNSS, 2C23. Thus, continuance of proceedings atgainst the petitione;rs is abuse of process of law.

9. The facts and circumstances of the pre sent case also similar to thosc in the above case and hence, this Co.r 1 finds it to be a frt case to r:xercise jurisdiction under Section 52 B of BNSS by applying the s;rnre analogy and to quash the proceedinls against the petrtioner herein.

10. Accordingly, the Criminal Petition is allc,wed and the proceedings in C.C.No.1547 of 2022 on the file of lhe l:arned ll Additional Junicr Civil Judge-cum-Judicial Magistrate of First Class, against the pet tioner-accused No.'1 , are hereby quaslt€d. It/iscellaneous petitions, pending if any, shall stzrrd closed. SIY-1. VIJAYA LAXMI ASSIS ANT REGISTRAR \ //TRUE COPY// t;ECTION OFFICER To, ,lThellAdditonalJuniorCivilJudge-cum-JudicialFirstCla{isMagistrateat Zaheerabac 2 The Statron House Officer, Chiragpally Police Station, S;rngareddy' 3 One CC to SRI RATHAN SINGH M Advocate [OPUC] 4 Two CCs to the PUBLIC PROSECUTOR High Court for tlre State of Telangana, Hyderabad. [OUT] -= 5 Two CD Copies AITM/PSI- Y^' HIGH COURT DATED: 17t1012025 ORDER CRLP.No.13509 of 2025 l I I I I I I I I I i I I ; i i ALLOWING THE CRLP 6? .od'a Kr-" -l /- t t\\ ''.- p' as 1HE $1i4 ),t4:' ( ( 2 5 ll0ll ZUI "4*a r_) \g \ I \