The High Court · 2025

1. The State of Telangala, Rep. by its Public prosecutor, High Court of Telangana, at Hyderabad

2. Sri. Balmuri Maheshwar.R!9,, s/o. Narayana Rao, Aged 55 year, occ. civil Supply lnspector, Jagtial, R/o. Housing Board colonylJagtiaf. Petton under secton .r, ; :::t"J:lH::i:::::"*, stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the impugned proceedings in c.c.No. 1014 ol2022, on the file of the Principal Judicial Magistrate of First class at Jagtial. l.A. NO:2 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Fetition,the High Court may be_pleased to grant interim stay of all further proceedings in C.C.No. 1014 of 2022, on the file of the Principal Judicial Magistrate of First Ctass at Jagtial., including appearance and attendance of the petitioners/Accused Nos. 1 to lZ, pending disposal of the above criminal petition This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GAJE RAGHU ,Advocate for the Petitioner and Mr V.Jithender Rao Additionat pubtic Prosecutor on behalf of the Respondent No. and none appear for the Respondent No2. The Court made the following: ORDER { THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CR|MINAL pETtTtON No.13E91 of 2025 ORDER:: 1. This criminal Petition is filed under section s2g of Bharatiya Nagarik suraksha sanhita (BNSS), 2o2g seeking the court to quash the proceedings against the petitioners/accused Nos.1 to 12 in c.c.No.1014 of 2022, on the file of the learned principal Judicial Magistrate of First class at Jagtial, registered for the offences punishable under section 420 of rpc and section 7 of Essential Commodities Act, 1955.

2. Heard sri G.Raghu, tearned counser for the petitioners/accused Nos.1 to 12 as well as sri Jitender Rao veeramalla, the learned Additional public prosecutor appearing for the respondent No.1- State.

3. The specific allegations against the petitioners/accused Nos..l to 12 are that the petitioners herein have procured pDS rice from the beneficiaries at cheaper rate to sell the same for profit and on

20.05.2022 at 6.00 hours, the petitioners were found in possession of 1230 bags of PDS rice weighing about 530 euintals. 4- Learned counsel for the petitioners would further submit that without there being any compraint from any beneficiary alleging that \ \\ 2 , ETOJ Crl.P.No.13891_2025 the rice was procured deceptively or with a criminat intent and charging the petitioners for prosecution is untenabte and improper. The allegations on their face value cannot be sustained against the petitioners. Further, this court in crl.P.Nos.5709 of 2o1g and 33493 of 2015 while considering the same situation, categoricafly observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioners herein are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners.

5. 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 g of the Essential Commodities Act, 1955 and further charge sheet was filed in this case and the matter is pending before the tearned principal Judicial Magistrate of First class at Jagtial, vide c.c.No.1o14 of 2022 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 contravenes with the production, supply, distribution and trade of essential commodities or abetment 3 ETDJ Crl.P.t{o.13891_2025 in this regard, is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the \ \ dealer. t ( B. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identicalfacts and observed that- "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries fo part with the supplied PDS rice or the beneficiary entrusted fhe PDS rice purchased by them with the petitioners and they dishonestly misappropriated or converted to their own use or used it in violation of a lavtful direction or contract- ln the absence of essenfial factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Secfion 528 of 8NSS, 2023. Thus, continuance of proceedings agarnsf the petitioners Ls 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 of BNSS, 2023 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.1014 of 2022, on the file of the learned Principal Judicial Magistrate of First Class at Jagtial, are hereby quashed L- 4 ETDJ Crl.P.No.13891_2025

11. Miscellaneous petitions, pending if any, shall stand closed. SD'- AHMED ABDULLA KHAN ASSISTANT REGISTRAR G / //TRUE COPY// SECTION OFFICER \ To,

1. The Principar Judiciar Magistrate of First crass at Jagtiar 2- The station House officer, porice station Jagtiar (R) , Jagtiar District 3. One CC to SRt. GAJE RAGHU Advocate IOPUCI 4- Two cc to sRr. puBlrc pRosECUTOR High court for the state of 5. Two CD Copies Telangana at Hyderbao iourJ I vr \ I 'rvrI ""Lrrt r, G AGIPSL HIGH COURT DATED:271101202s : I f I $ ! I , i I I I , a I I I I I : "?t k ( o (.) * THE S I^l \\' ?2EEC M t', * ORDER CRLP.No.13891 ot 2A2S c D IS ALLOWED .)^^