The High Court · 2025

Petitlon 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. 1257 ol ,OZZ, on the file of the Judicial Magistrate of Frrst Class at Dharmapuri l.A. NO:2OF 2025 Petition under Section 482 of Cr.p.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal petition, the High Court may be pleased to grant interim stay of atl further proceedings rn C.C. No. 1257 ot 2022, on the file of the Judicial Magistrate of First Class at Dharmapuri, including appearance and attendance of the petitloners/ Accused Nos.1 to 4, pending disposal of the above Criminat 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 Petitioners and sri Jithender Rao veeramalla. learned Additional Public Prosecutor on behalf of the Respondents The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DE\/ EADA CRIMINAL PETITON No.14089 ot 202t; ORDER: This Criminal Petition is filed by the petitioners-,r ;cused Nos.'l to 4 seeking to quash the proceedings against them rr CC No.1257 of 2022 on the file of Judicial Magistrate of F st Class at Dharmapuri. for the offences under Sections 420 IPC , nd Section 7 of the Essential Commodities Act (for short 'EC Act')

2. Heard Sri G. Raghu, learned counsel for the : ltittoners and Sri Jithender Rao Veeramalla, learned Additional Pulr c Prosecutor for the respondents 3 The case of the prosecution is that on relial) -. information about illegal transportation of PDS rice at Endapalli Crr ss Road, the Sub-lnspector of Police, Velgatoor along with two cor.rr; ables rushed to the scene of offence and found one TATA Ace Meg;r Auto bearing No.TS 15 UB 2879 They stopped that vehicle and on ( hecking they found PDS rice bags in the said vehicle. lmmediately hey secured the presence of two panchaas and in their presence, irt rrrogated the accused. The accused confessed that they are workingt rs driver and cleaner of the said TATA Ace vehicle of the accusec \o.3 and on the. instructions of accused No.3, they used to collect : DS rice from 7 Crl.P. No.11009 o12025 accused No.4, who is a supplier of PDS rice and transporting it to accused No 3 in the said vehicle lt is further stated that the accused does not possess any relevant documents for the possession of PDS flce A total quantity of 27 .00 quintals of PDS rrce was seized from the said vehicle

4. Learned counsel for the petitioners has submitted that the petitioners are falsely implicated in the case and 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. He further submitted that even according to the complaint, the. alleged offences under Sections 420 IPC and 7 of the EC Act do not attract against the petitioners as they have not cheated either the government or the public. Therefore, he submitted that none of the alleged offences attract against the petitioners herein and prayed to quash the proceedings against the petitioners

5. Learned Additional Public Prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 and that they have illegally transported the 3 EfA,J ctl P No.11089 012025 rice meant for public distribution and therefore, they ar r not entitled to any relief 6 Perused the record

7. The petitioners are facing the allegations I rder Section 420 IPC and Section 7 of the EC Act The relevant Se :tions of law are extracted hereunder for the sake of reference Section 420 IPC "420. Cheating and dishonestly inducing delivery of pr: )e rty. Whoever cheats and thereby dishonestly tnduces the lerson deceive(l to deliver any prope(y to any person, or to mal.i€, destroy the whole or any part of a valuable security, o: , whrch rs srgned or sealed, and whtch is capable of being c ) rnto a v3lLrable secuflty, shall be punrshed wtth imprisoi erther descftption for a term whrch may extend to seven l/€: shall also be lrab e to fine ' rlter or ryth ng verted rent Jf s, and Section 7 of the EC Act "7- Pena lties: - (1) If any person contravenes any order made under sect o^ (a )he shall be punrshable,- (r) rn the case of an order made with refer nce to (ii) clause (h) or clause (i) of Sub-section (:l section, wtth imprisonment for a terrr may extend to one year and shall also : to ftne, and in the case of any other ord€,r imprisonment for a term which shall no: than three months but which may e ( seven years and shall also be liable to 1il of that ) liab e re less )nd to \ 4 EfD,J Ct|.P. No.11t039 ol 2025 Provided that the court may, for any adequate and special reasons to be mentioned in the Judgment, impose a sentence of imprisonment for a term of less than three months, (b) any property in respect oF which the order has been contravened shall be forfeited to the Government, (c) any package, covering or receptacle in whtch the property is found and any antmal, vehicle, vessel or other conveyance used rn carrytng the commodity shall iF the court so orders be Forfeited to the Government. (2) lf any person to whom a direction is given under clause (b) of sub-section (4) of section 3 fails to comply with the direchon, he shali be punishable wtth impflsonment for a term which shall not be less than three months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned rn the judgment, ampose a sentence of rmprisonment for a term of less than three months. (24) lf any person convicted of an offence under sub-clause (l) of clause (a) of sub-section (1) or under sub-section (2) is again convrcted of an offence under the same provision he sha I be punrshable with imprisonment For the second and for every subsequent offence for a term which shall not be less than six months but which may extend to seven years and shall also be liable to fine: Provided that the court may, for any adequate and special reasons to be mentioned in the judgment impose a sentence of imprisonment for a term of less than six months. (2B) For the purposes of sub-sections (1), (2) and (2A), the fact that an offence under sub-clause (ii) of clause (a) of sub-section (1) or under sub-sectlon (2) has caused no substantial harm to the general public or to any individual, shall be an adequate and special reason for awarding a sentence of imprisonment for a term of less than three months, or six months, as the case may be. 5 ETO,J Crt.P No 1408e o12025 (3) Where a person having been convicted of an off€n: sub-sectron ('1) is again convicted of an offence unde- :l section for contravention of an order rn respect oF an € commodity the court by whlch such person ts convrctec addrtron to any penalty which may be rmposed on htm u.r sub-sect on, by order, direct that that person shall nol car 1 business ln that essential commodity for such period, r( less than six months, as may be spectfred by the cotr order' ) under at sub- ;sential hall. rn ler that on any I being tn the

8. The contention of the learned counsel for thr: petitioners is that the petitioners have not cheated either the gover rment or the public and that they have not purchased the rice su5 plied for the public distribution system. But. there is no material >n record to show that from whom and in what manner could t.r : petitioners collect the PDS rice and thus failed to answer fl- r reason for possession of the same when questioned by the potir; r The PDS rice is meant for catering to the needs of the people : >low poverty line for distributing the same under public Distribtrl on System. lllegal procurement or sale of the said rice is an ot 'ence under Section 7 of the EC Act.

9. The recitals of the charge sheet point out prirr a facie case against the petitioners herein for the offences under { ections 420 IPC and 7 of the EC Act. The truth or otherwise of the all -.gations are the subject matter of trial. The matter is pending for tr,i I before the 6 ETO,J cd P. No,140A9 0t 2025 trial court. Hence, it is deemed appropriate to dispense with the attendance of the petitioners before the trial court

10. Accordrngly, the Criminal Petition is drsposed of dispensing with the attendance of the petitioners before the trial court, provided they are represented by a counsel on every date of hearing before the trail court and they shall appear before the trial court as and when their presence is required during the course of tria I. TO, Miscellaneous Petitions, pending if any, shall stand closed. //TRUE COPY// SD/.B.REKHA RANI SISTANT REGIST S TION OFFICER

1. The Judicial Magistrate of First Class at Dharma p n,

2. The Station House Officer, Velgatoor police Station, J agityal Dishict 3. One CC to Sri G Raghu. Advocate [OpUC] 4. Two CCs to Public prosecutor, High Court for the State of Telangana (our) I ,n 5. Two CD Cooies 40. BJLB/PSL i I I i i i I i i i I I I HIGH COURT DAfED:2O11112025 ORDER CRLP.No.14089 of 2025 CRIMINAL PETITION IS DISPOSED OF .4 1iR :rl.ltr (;14 0 ! jAN ?!26 r $ () C) I