The High Court · 2025

Pebbair, Wanaparthy District, High Court at Hyderabad.

2. Sri, P. Venu,, S/o Gopalaswamy, age. 33 yrs, caste. Gangaputhra, Occu. Dy. Tahsildar, Enforcement, Wanaparthy, R/o Wanapaphy Town.pincode 5091 03 ...RESPONDENT 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 Quash the proceedings against the Petitioners/Accused No.1 to 3 in CC No. 114 of 2022 on the file of Hon ble Pd. Junior Civil Judge Cum Judicial Magistrate First Class at Wanaparthy. t.A. NO i 2 OF 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 STAY all further proceedings, including the appearance of the Petitioners/ Accused No.1 to 3 in CC No. 114 ol 2022 on the file of Hon ble Prl. Junior Civil Judge Cum Judicial Magistrate First Class at Wanaparthy, pending disposal of the above Criminal Petition and pass This Petition coming on for hearing,upon perusin 3 the Memorandum of Grounds of Criminal Petition and upon hearing the argurn,:nts of Sri GUJJULA I\4ADHUSUDAN, Advocate for the Petitioner and Mr. Erigi Ganesh, Asst. public Prosecutor on behalf of the Respondent No.1 and n()Te appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14785 of 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 to 3 in C.C.No.114 of 2022, on the file of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Wanaparthy, registered for the offences punishable under Section 42Q oI IPC and Section 7 of the Essential Commodities Act, 1955

2. Heard Sri G.Madhusudan, learned counsel for the petitioners/accused Nos.1 to 3 as well as Mr.Erigi Ganesh, the learned Assistant Public Prosecutor appearing for the respondent No.1- State

3. The specific allegation against the petitioners is that the petitioners have procured PDS Rice from the beneficiaries at cheaper rate to sell the same for profit and on 03.02.2022 at about 06.30 AM at NH-44, the petitioners were found in possession of60 bags of PDS Rice, at an average of40/Kg, total w{Ohing 27 quintals ETO,] C/ P.No 14785 2025

4. Learned counsel for the petitioners would further submit that without there being any complaint from ary beneficiary alleging that the Rice was procured deceptively or with a criminal ihtent and charging the petitioners for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioners. Further, thls Court in Crl P Nos.5709 of 2019 and 33493 ot 2015 white considering the same situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioners herein are also entifled to the same relief and hence prayed to quash the procee:dings against the petitioners.

5. The learned Assislant Public Prosecutor has r;ubmitted that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Sections z and 8 of the Essential Commodities Act, 1955. He further s.ibmitted that charge sheet has been filed in this case vide C.C.No.1 14 of 2022 and is pending on the file of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class at Wanaparthy and hence requested to pass appropriate orders. ,- 3 ETD,] Cn P No.t4785 2025

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 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 ot 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 paft 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 it in violation of a lavvful direction or contract. ln the absence of essential faclors, on the face of prosecution, this Coutl finds it lo be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioners ls abuse oI 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, 4 ETD,I arl P No I4785 2025 2023 by applying the same analogy and to quash the proceedings against the petitioners herein.

10. Accordingly, the Criminal Petition 15 2llorred and the proceedings against the petitioners/accused Nos. 1 to 3 in C.C.No.'l 14 of 2022, on the file of the learned P-incipal Junior Civil Judge-cum-Judicial Magistrate of First Class at Wanaparthy, are hereby quashed.

11. Miscellaneous petitions pending, if any, shall stand closed, SD/.N.CHI\NDRA SEKHAR RAO DEPUTY REGISTRAR 6. SECTION OFFICER //TRUE COPY// {ylpiqt f rst Class Magistrate at Wanaparty. SHO P_Sf ebbair, Wanaparthy District. CC to SRI GUJJULA MADHUSUDAN Advocate t()t)Uct CC to the ASST pUBLtC PROSECUTOR ROvoca're lOFtlCl CD Copies To, 1 The 2 fhe 3. One 4. One 5 Two W HIGH COURT DATED:1311112025 l ORDER CRLP.No.14785 of 2025 ,:-:::::- ItlE rl 14 r( 1ll Nt'/ lnr + J o () (\ t --'-"'- ALLOWNG THE CRLP WITHOUT COSTS C' lu) 't) \\ \s