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 C.C. No. 1839 of 2022 On the file of Additional Judicial First-Class tvlagistrate at Nilahabubabad, lvlahabubabad District, and quash the proceedings thereon, and to grant such other relief or reliefs as this Hon'ble court deems fit and proper in the circumstances of the case. l.A. NO:2OF 2025 Petition under Section 482 of Cr. P.C praying that in the circumstances stated in the lt/lemorandum of Grounds of Criminal Petition,the High Court may be pleased to grant stay of all further proceedings including the appearance of the petitioners in connection with C.C. No, '1839 of 2022 On the file of Additional Judicial First-Class Magistrate at Mahabubabad, Mahabubabad Diskict, pending disposal of the Criminal Petition . This Petition coming on for hearing.upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GAJANAND CHAKRAVARTHI ,Advocate for the Petitioner and the Additional Public Prosecutor (TG) on behalf of the Respondent No. 1 and none for the Respondent No. 2. The Court made the following: ORDER ..{*.F'f,"!< THE HONOURABLE SMT. JUSTICE TIRUMALI\ DEVIEADA CRIMINAL PETITION No.14992 of 2(25 ORDER: This Criminal petition is filed by the petitionr:rs/ accused Nos.1 and 2 under Section 528 of the Bharatiya Nagarik Srlaksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in C.C.No.1839 of 2022 on the file of the learned Aliitional Judicial First-Class Magistrate at [\4ahabubabad, Mahabu rabad District, registered for the offences under Sections 406, 4 2(l ol the lndian Penal Code, 1860 and Section 7(a) of the Essenti.al commodities Act, 1995.

2. Heard Sri Gajanand Chakravarthi, lea.ned counsel for the petitioners as well as Sri Jithender Rao Veer:rmalla, learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. Learned counsel for the petitioners s;ubmits that the specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to r;e:ll the same for profit and on 05.05.2020 at 17-00 hours, the petition,ars were found in possession of 18.00 quintals of PDS rice.

4. Learned counsel for the petitioners worrld further submit that without there being any complaint from any ber eficiary, alleging that the rice was procured deceptively or with a cr nrinal intent and 2 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 petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioners

5. The learned Additional Public Prosecutor submits 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 requested to pass appropriate orders.

6. Perused the material available on record.

7. Section 7 of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities in this regard, is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer. B. 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 rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and the,, Cishonesfly misappropriated or converted to their own use Dr used it in violation of a laMul direction or contract. ln the ;tbsence of essential factors, on the face of prosecution, this l,turt finds it to be a fit case to exercise the jurisdiction under S:c:tion 528 of BNSS, 2023. Thus, continuance of proceedings agairrst the petitioners is abuse of process of law."

9. The facts and circumstances of the piesent case also similar to those rn the above case and hence, this C turt finds it to be a fit case to exercise jurisdiction under Section 523 of BNSS by applying the same analogy and to quash the proceerlirrgs against the petitioners herein

10. Accordingly, the Criminal Petition is illlowed and the proceedings in C.C No.1B39 of 2022 on the file of the learned Additional Judicial First-Class Magistrate at ,\4ahabubabad, Mahabubabad District, against the petitioners-accus:rj Nos.1 and 2, are hereby quashed. Miscellaneous petitions, pending if any, shall s:and closed. //TRUE COPY// sD/-d. Aq MALLIKARJUNA RAO S STANT REGISTRAR ,l riEcTtoN oFFtcER To,

1. The Additional Judicial First-Class Magistgrate at l\ilahabubabad, lvlahabubabad District

2. The Station Hcuse Officer, Gudur Police Station, Mahab rhabad District, 3. One CC to SRI GAJANAND CHAKRAVARTHI Advocale [OPUC] }iF,+iEs,-'.!*ri-.ead -q !. ,/ !

4. Two CCs to the Additional PUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad.[OUT]

5. Two CD Copies TUPSL Vr HIGH COURT DATED:17l1 1/2025 \ ORDER CRLP.No.14992 of 2025 ':"-tHE sra , : ,lt[ ?i25 : c.tl i" ,.. '., 1i> .:. .l(r. \i,,.-ir ALLOWING THE CRIMINAL PETITION. a .4(ta W €(dD'