The High Court · 2025

Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime No. 248 o'f 2024 on the file of '1 1- Town Police Station, Adilabad District, against the petitioner/Accused No. 2. l.A. NO: 2OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased stay all further proceedings in Crime No. 248 of 2024 on the file of ll- Town Pohce Station. Adilabad District. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Crimrnal Petition and upon hearing the arguments of Sri Soma Ravi Kiran Reddy, Advocate for the Petitioner and Sri V,Jithender Rao, Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER o THE HON,BLE SMT.JUSTICE TIRUMALA D :VI EADA CRIMINAL PETITION No.145 1O of 2t25 ORDER:- 1. This criminal Petition is fired under section r 2g of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking ttr, 66111 to quash the proceedings against the petitioner/accused \o.2 in Crime No.248 of 2024, on the file of ll Town Adilabarl police Station, Adilabad District, registered for the offences pu.rishabre under Section 318(4) of BNS, 2023 and Section of Essential Commodities Act, 1955.

2. Heard Sri Soma Ravi Kiran Reddy, learned :ounsel for the petitioneriaccused No.2 as well as Sri Jitender Rao ' /eeramalla, the learned Additional Public prosecutor appearing for he respondent No.1- State.

3. The specific allegation against the petitioner/it rcused No.2 is that the petitioner, along with other accused, had pro, ured pDS rice from the beneficiaries at cheaper rate to seil the sanr r for profit and on 02.07.2024 at 14.00 hours, the petitioner rras found in possession of 535 Nylon bags of pDS rice, total wr ighing around

266.70 Quintals. I -rs-. -q 2 ETOJ Cd.P.No.14510_2025 4' Learned counser for the petitioner wourd further submit that without there being any complaint from any beneficiary alleging that the rice was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper. The allegations on his face value cannot be sustained against the petitioner. Further, this Court in Crl.p.Nos.S7O9 of 2019 and 33493 of 2015 while considering the same situation, categorically observed that the offences aileged against the petitioners therein cannot be continued and quashed the proceedings. The petitioner herein are also entitled to the same relief and hence prayed to quash the proceedings against the petitioner . 5' The learned Additionar pubric prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioner is cheating and vioration of sections 7 and g of the Essential commodities Act, 1955. He further submitted that charge sheet has been filed in this case vide C.C.No.g 1g ot 2024 and is pending on the fire of the rearned il Additionar Judiciar First crass Magistrate, Adilabad District, and hence requested to pass appropriate orders. 6 Perused the material available on record. rE. 3 ETDJ Crl.P.No.14510_2025

7. Sections 7 and 8 of the Essential C: nmodities Act contemplate that any person contravenes with rre production, supply, distribution and trade of essential commodi:i :s or abetment in this regard, is punishable. As per the prosecuticr , the petitioner has procured PDS rice from the beneficiaries after I upply from the dealer.

8. A Coordinate Bench of this Court in Crl.p.No.72 27 of 2O2S has considered the identical facts and observed that:_ "There is no averment indicating that the petitioners deceptively induced the beneficiaries to paft with the sL rice or the beneficiary entrusted the pDS rice purchas with the petitioners and they dishonestty misappn converted to their own use or used it in violation of a lattt or contract. ln the absence of essenfrai factors, on prosecution, this Courl finds it to be a fit case fo -, jurisdiction under Section 528 ofBNSS, 2023. Thus, ccr proceedings against the petitioners ls abuse of process t q any way )plied PDS 'd by them priated or ul direction he face of 'ercise the 'inuance of law." L The facts and circumstances of the present r ase also are similar to those in the above case and hence, this corr t finds it to be a fit case to exercise jurisdiction under Section 52g ,: BNSS, 2023 by applying the same analogy and to quash the proce t dings against the petitioner herein. \ \ L 4 ETO,J Crl.P-No.rasr0 2025 -r-\- \ -+!iEE 1 0. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.2 in Crime No.248 of 2024, on the file of ll Town Adilabad Police Station, Adilabad District, are hereby quashed. Consequently, C.C.No.818 of 2024 pending on the file of the leamed ll Additional Judicial First Class Magistrate, Adilabad District, registered against the petitioner herein, is hereby quashed.

11. Miscellaneous petitions, pending if any, shall stand closed. SD/. AHMED ABDULLA ASSISTANT R N TRAR //TRUE COPY// SECTION OFFICER To,

1. The Station House Officer, Adilabad ll Town Police Station, Adilabad District 2. One CC to Sri. Soma Ravi Kiran Reddy, Advocate [OPUC] 3. Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT] 4. Two CD Copres YJR /PSL d, HIGH COURT DATED:1011112025 \ :\ 9\ *,1 i ,s .t^s o,i iLy ORDER CRLP.No.14510 of 2025 Itnrr.r * -' ..- . !;::-:? ' ''. ALLOWING OF THE CRIMINAL PETITIO !. (>