The High Court · 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 call for the records relating to the FIR No. 317 of 2025 on the file of the Devarakonda Police Station, Nalgonda District and quash the proceedings threon. l.A. NO: 2 OF 2A25 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. 317 of 2025 on the file of the Devarakonda Police Station, Nalgonda District, pending disposal of the main criminal petition in the interest of the justice. I :l ..1 This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminral Petition and upon hearing the arguments of sri Arvapalli shiva Sai Nath, Aclvocate for the Petitioners and Sri Jithendar rao veeramalla, Additional Public rProsecutor on behalf of the Respondent No'1 and none appeared for the ResPondent No.2. The Court made the following: ORDER I THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2.023 seeking the Court to quash the proceedings against the petitioners/accused Nos.1 to 3 in Crime No.317 of 2025, on the file of Devarakonda Police Station, Nalgonda District, registered for the offences punishable under Section 318(4) of BNS, 2023 and Section 7 of Essential Commodities Act, 1955.

2. Heard Sri A.Shiva Sainath, learned counsel for the petitioners/accused Nos.1 to 3 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.1 to 3 are that the petitioners herein have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on

23.10.2025 at 10.00 hours, the petitioners were found in possession of 50 white colour plastic bags, each bag approximately weighs 40 Kgs of PDS rice, total weighing around 20 Quintals.

4. Learned counsel for the petitioners would further submit that without there being any complaint from any beneficiary alleging that I J 2 ETDJ Crl.P.No.14325_2025 the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. 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 same situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petiiioners 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 8 of the Essential commodities Act, 1955 and hence requested to pass appropriate orders.

6. Perused the material available on record.

7. Section:s 7 and 8 of the Essential Commodities Act contemplate that any person contravenes with ther production, supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioners L I I s300 ] HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY,THETWENTYNINTHDAYOFOCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE NAGESH BHEEMAPAKA PETI N NO: OF 25 Between Abdul Ateeq, S/o Abdul Wali, Siddardha Nagar, Bhainsa Town Bhainsa, Nirmal District. Aoed 61 vears, Occ. President, Dargah^Majid' , fri*rt oiitrict.'R/o 3-5-1/2812A, Madina colony, ..PETITIONER AND 1 The state of Telangana, Rep.by its Principal secretary, Minority and social W"ftir" Oept, Sec6tariat, HYderabad The Telangana state waqf Board, Rep. by its chief Executive officer, Nampally, HYderabad. The Waqf lnspector, Nirmal, Nirmal District' The District Collector, Nirmal, Nirmal District' 2 3 4 ...RESPONDENTS Petition under Article 226 of the constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High court may be pleased to issue a writ, order or direction more particularly one in the nature of writ of mandamus declaring the action of Respondents No' 2 to 4 in not considering the petitioner representation dated 14-02-2025 to constitute a managing committee for the Dargah Masjid (in graveyard of Dargah) situated at siddarthnagar, Pandrigalli, Bhainsa Town, Nirmal and performing services to the said Dargah Masjid is illegal, arbitrary, unconstitution'al, violation of principles of naturaljustice and consequently direct the respondents No' 2 to 4 to consider the reprgsentation and take appropriate action for formation of managing committee for the above mentioned Dargah Masjid' lA NO: 1 OF 2025 Petition unrJer Section 151 CPC praying that in the cirr:umstances stated in the affidavit filed in support of the petition, the High Courl. may be pleased to direct the respondents No. 2 to 4 forthwith to consider to representation of the petitioner dated 14-02-2025 to constitute a managing comnrittee for the Dargah Ir/asjid (in graveyard of Dargah) situated at Siddarthnagar Pandrigalli, Bhainsa Town, Nirmal and performing services to the said Masjid, pending disposal of the main Writ Petition. Counsel for the Petitioner : SRI L.RAM SINGH Counsel for the Respondent No.'l : GP FOR SOCIAL WELFARE Counsel for the Respondent No.2&3: SRI FARHAN AZAM KHAN, SC FOR WAKF Counsel for the Respondent No.4 : GP FOR REVENUE The Court made the following: ORDER r') THE HON'BLE SRI JUSTICE NAGESH BHEEMAPAKA WRIT PETITION No.2OO58 of ,-o25 ORDER: This Writ Petition is filed seeking to declare the action of respondents 'Nos.2 to 4 in not considering the petitioner's representation dated L4.O2.2O25 to constitute a managing committee for the Dargah Masjid in gra':eyard. of Dargah situated at Siddarthnagar, Pandrigalli, Bhainsa Town, Nirmal District and performing services to the said Dargah Masjid as illegal, arbitrary, unconstitutional and in violation of principles of natural justice and consequently direct respondents N<1s.2 to 4 to consider'the representation and take appropriate action for formation of managing committee for the said Masjid.

2. Heard Sri L. Ram Singh, learned counsel for the petitioner; learned Government Pleader for Social Welfare, for respondent No.1; Learned Standing Counsel for Waqf Board, for respondent Nos.2 and 3 and learned Government Pleader for Revenue, for respondent No.4.

3. Learned counsel for the petitioner made submissions on the lines of writ affidavit and requested this Court to direct respondent Nos.2 to 4 to consider the t { petitioner's representation dated A.A2.2O2S AS I,\ 2 expeditiousrly as possible.

4. Learrred counsel for respondent Nos.2 to .i submit that if the aforesi{d petitioner's representation is still pending for consideration, respondent Nos.2 to 4 may be directed to . consider thLe same and pass appropriate ordersi in accordance with law.

5. In vir:w of the submissions made by learned counsel appearing on either side and without expressing any opinion on the merits rrf the case, this writ petition is disposed of directing the respondent Nos.2 to 4 to consider the petitioner,s representation dated 14.o2.2o2s, if pending, and pass appropriate orders in accordance with law within a period of two (02) weeks from the date of receipt of a copJr of this order and commtrnicate the salne to the petitioner. No costs. Miscellaneous applications, if any pend.irLg, shall stand closed. To, /TRUE COPY// SD/-A.. SRINIVASA REDDY ASSTSTANLBEGISTRAR /&- seffi-oFFtcER /

1. The Principal Secretary, Minority and Social Welfare Dept, Secretariat, Telangana State, Hyderabad

2. The Chief Executive Officer, Telangana State Waqf Board, Nampally, Hyderabacl.

3. The Waqf lnspector, Nirmal, Nirmal District.

4. The District Collector, Nirmal, Nirmal District. 5. One CC to SRI L.RAM SINGH, Advocate. [OPUC] 6. Two CCs to GP FOR SOCIAL WELFARE, High court for the state of Telangana. [OUT]

7. One CC to SRI FARHAN AZAM KHAN, SC FOR WAKF BOARD. IOPUC] B Two CCs to GP FOR REVENUE, High Court for the State of Telangana at Hyderabad. [OUT]

9. Two CD Copies. BSK ( \ { * q I HIGH COUR'T DATED i2911O12025 ORDER WP.No.200li8 of 2A25 DISPOSINGi OF THE WRIT PETITION WITHOUT f \ ll'\l Yt 3 EIO.] Cd.P.No.14325_2029 have procured PDS rice 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 petitioners in any way deceptively induced the beneficiaries to part with the supplied PDS ice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or convefted to their own use or used it in violation of a lawful direction or contract. ln the absence of essential fadors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of ANSS, 2023. Thus, continuance of proceedings against the petitioners is abuse of process of /aw. "

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 against the petitioners/accused Nos.'l to 3 in Crime No.31 7 of 2025, on the file of Devarakonda Police Station, Nalgonda DGtrict, are hereby quashed. -"----' \ ---i 4 ETO,J Cd.P.No.14325_2025 11 . Miscellaneous petitions, pending if any, shall stand closed. - SD/.N.CHANDRA SEKHAR RAO DEPUW REGISTRAR b SECTION OFFICER /,TRUE COPY// To,

1. The Additional Judicial First class Magistrate at Devarakonda 2. The Station House Officer, Devarakonda Police Station, Nalgonda District 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. Oire CC to SRI ARVAPALLI SHIVA SAI NATH, Advocate [OPUC] 5. Two CD CoPies ADK/SA a HIGH COURT DATED:06/1 112025 a l' D ER CRLP.No.14325 of 2025 ) 1 E lrllI 216 * * ALLOWING THE CRLP @. \t-\I\ -,