The High Court · 2025

2. Muda Raju,, S/o Ramulu, Aged about 43 years, Caste. Vysha, Occ. Owner of M/s Sri Raja Rajeshwara Rice lndustries, R/o H-no 6-9-92, Namdevwada, Nizamabad.

3. Abdul Kareem,, S/o Abdul Hafeez, Aged about 25 Driver and Owner of Vehicle No. TS08UJ271 Autonagar, Nizamabad- 7, ars, Caste. Muslim, Occ .R/o H-No 9-20-1608 ..Petitioners/Accused No.1, 2 & 3 AND 1 The State of Telangana, Rep by the Public Prosecutor, Through SHO Nizamabad Rural, Nizamabad District, High Court at Hyderabad. 2. Sri. P. Nikhil Raj,, S/o Late Soloman Raj, Aged 31 Years, Occ. Deputy Tahsildar (Civil Supplies), Nizamabad, Rio. H.No.1 1-3, Vinayaknagar, Nizambad. N/P at Boduppal, Hyderabad Petition under Section 528 of BNSS praying that rn the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to Quash the proceedings against the Petitioners/Accused No 1, 2 and 3 in CC No. 7'13 ol 2025 on the file of the Hon'ble ll Additional Judicial First Class Magrstrate Judge at Nizamabad, in the interest of justice. ...Respondents l.A. NO: 2OF 2025 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 stay all further proceedings, including the appearance of the Petitioners/Accused No. 1, 2 and 3, in CC No. 713 of 2025 on the file of Hon'ble ll Additional Judicial First Class Magistrate Judge at Nizamabad pending drsposal of the above Criminal Petition. 7 This Petition coming on for hearing, upon perusing he l\ilemorandum of Grounds of Crmrnal Petition and upon hearing he arguments of . Sri Gujjula Madhusudan, Advocate for the Petitioners an(l Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINA L PET ITION No.1367 2 ot 2025 ORDER: This Criminal petition is liled by the petitioners/accused Nos..l , to 3 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in c.c.No.713 of 202s on the fire of the learned il Additionar Judiciar First class Magistrate at Nizamabad, registered for the offences under Section 318 (4) of Bharatiya Nyaya Sanhita,2023 (for short 'BNS') and Section 7 of the Essential Commodities Act, 1955.

2. Heard Sri G.Madhusudan, learned counsel for the petitioners as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1_ 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 seil the same for profit and on13.O8.2O24, the petitioners were found in possession of

29.70 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 deceptivery or with a criminar intent and charging the petitioners for prosecution is untenable and improper. ./ 2 ^'1 The allegations on their face value cannot be suslained against the petitioners. Further, this Court in Crl.p.Nos.5709 or j2019 and 33493 of 2015 while considering the same situation, catellcrically observed that the offences alleged against the petitioners trt-.rein cannot be continued and quashed the proceedings. The pe itioners are also entitled to the same relief and hence prayecl to quash the proceedings against the petitioners.

5. The learned Additional public prosectit,rr submits that as per prosecution, the offence said to have been r:cmmitted by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, '1 955 and requested to pass apprc,priate orders.

6. Perused the material available on recorrl 7. Section 7 of the Essential Commodities Act contemplate that any person contravenes with the production, sucltly, distribution and trade of essential commodities in this regard, is ltunishable. As per the prosecution, the petitioners have procured pl):l 1;6" from the beneficiaries after supply from the dealer.

8. 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 p()t tioners in any way deceptively induced the beneficiaries to p t with the supplied PDS rice or the beneficiary entrusted thr: pDS rice purchased by them with the petitioners and they C rshonesfly misappropriated or converted to their own use or rrsed it in t I I 3 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 of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein '10. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.713 of 2025 on the file of the learned ll Additional Judicial First Class Magistrate at Nizamabad, against the petitioners-accused Nos.'l to 3, are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed. SD/.B.REKHA RANI S ISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The ll Additional Judicial First Class Magistrate, Nizamabad 2. The Station House Officer, Nizamabad Rural Police Station' Nizamabad 3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri Gujjula Madhusudan, Advocate [OPUC] 5. Two CD Copies ABK/PSI-M HIGH COURT DATED: 2311012025 ORDER CRLP.No.13672 of 2025 nFTE I .s 1\\ ,lrl) ii o As\ +rd I.l ALLOWING THE CRIMINAL PETITION 1 ,( \o