The High Court · 2025

1. The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Telangana.

2. Y. Venkata Shashi Bhushan, S/0. Uma Shankar Age 33 years, Occ. Dy. Tashildar (CS) Yedapally Mandal, R/o. LBS Nagar, Bodhan Nizamabad District, Telangana State. . ...Respondent 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 CC .No. 593 of 2019 on the file of the Court of the Additional Judicial First class Magistrate at Bodhan in so far as petitioners/Accu sed No.1 to 2 and pass such other order or order-S as this Hon'ble Court may deem fit and proper rn the interest of justice. l.A. NO: 2 OF 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 grant stay of all further proceedings against the petitioners/Accused No.1 to 2 in CC. No.593 of 2019 on the filb of the Hon'ble Additional Judicial First class Magistrate at Bodhan pending disposal of the main Criminal Petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice. This Petition coming on for hearing, upon perusing 1i -. Memorandum of Grounds of Criminal Petition and upon hearing 1i ? arguments of Sri Alluri Divakar Reddy, Advocate for the Petitioner and Ii V.Jithender Rao, Additional Public Prosecutor on behalf of the Responder t No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14595 ot 2025 ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to quash the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.593 of 2019, pending on the file of the learned Additional Judicial First Class Magistrate at Bodhan, registered for the offences punishable under Section 420 of IPC and Section 17(e) of Telangana State Public Distribution System (Control) order, 2016

2. Heard Sri Alluri Divakar Reddy, Iearned counsel for the petitioners/accused Nos.1 & 2 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.'l- State

3. The specific allegation against the petitioners is that the petitioners herein have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 01.07.2019 at 1800 hours, the petitioners were found in possession of 27 bags of PDS rice, weighing around 11.90 quintals.

4. Learned counsel for the petitioners would further submit that without there being any complaint from any beneficiary alleging that I 2 ETOJ Cd P No.14595_2025 the rice was procured deceptively or with a crimina ntent, charging the petitioners for prosecution is untenable and rnproper. The allegations on their face value cannot be sustai I .,d against the petitioners. Further, this Cou( in Crl.p.Nos.57O9 ot i 019 and 33493 of 2015 while considering the same situation, catego ically observed that the offences alleged against the petitioners the rein cannot be continued and quashed the proceedings. The petitio ters herein are also entitled to the same relief and hence prayec to quash the proceedings against the petitioners.

5. The learned Additional public prosecutor subnr ted that as per prosecution, the offence said to have been corr mitted by the petitioners is cheating and violation of Section 17(e of Telangana State Public Distribution System (Control) order, 2(l

6. He further submitted that charge sheet has been filed in t tis case vide C.C.No.593 ol 2019, pending on the file of the leerr ted Additional Judicial First Class Magistrate at Bodhan and henr;, r requested to pass appropriate orders.

6. Perused the material available on record.

7. Sections 7 and B of the Essential Cor modities Act contemplate that any person contravenes with lt e production, I \ I I '{. 1 3 EIOJ Crl-P-l'lo. I4595_2025 supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioners 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 pan with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or conveded to their own use or used lf in violation of a lavtful direction or contract. ln the absence of essentra/ factors, on the face of prosecution, this Coutt finds it to be a fl case to. exercise the jurisdiction under Section 528 of aNSS, 2023. Thus, continuance of proceedings against the petitioners ls abuse of process of law." I t

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.1 & 2 in 4 EIO,J Cr!.P.No,14595_2025 C.C.No.593 of 2019, pending on the file of the lez'ned Additional Judicial First Class Magistrate at Bodhan, are hereb I quashed. 11 Miscellaneous petitions, pending if any, shall s,l lnd closed. SD/- AHM: ) ABDULLA KHAN ASSIS TANT REGISTRAR //TRUE COPY// ] iECTION OFFICER To, 1 2 3 4 The Additional Judicral First Class Magistrate at Bodhan. The Station House Officer, yedapally police Station, Nizar abad District. One CC to Sri. Alluri Djvakar Reddy, Advocate [OpUC] Two CCs to Public prosecutor, High Court for the State o elangana. [OUT] Two CD Copies. YIR/PSL I I HIGH COURT DATED:1 '111112025 ORDER CRLP.No.14595 of 2025 - - a '_::.:-.- ir : r"'l:' ,1( 2 | ;ti; 2P5 j ALLOWING OF THE CRIMINAL PETITIOII. a\ \ "\t