The High Court · 2025

2. Sri. Mvaka Srinivas. S/o. Savanna, Aged 50 year, Occ. Deputy Tahasildhar (CS), Nizamabad, Rl/o. H.No.- 5-11-25,-Yellarnmagutta, Nizamabad Town and District. Pincode. 503003. ...ResPondenUCom Plainant Petition under Section 528 of B.N.S.S. of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High Court may be pleased to quash the impugned proceedings in C.C.l'lo. 778 ot 2023, on the file of the Court of the Judicial Magistrate of First Class, Special Mobile Court at Nizamabad. 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 interim stay of all firrther proceedings in C.C.N o. llg ol 2023, on the file of the Court of the Judicial Magistrate of First Class, Special Mobile court at Nizamabad, including appearance and attendance of the petitioners/Accused Nos. 1 to 4, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Fetition and upon hearing the arguments of Sri Gaje Raghu, Advocate for the Petitioner and Sri E.Ganesh, Assistant Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER TTIE HON'BLE SMT.JUSTICE TTRUMALA DEVI EADA CRIMINAL PETITION No.14823 of 2025 ORDERi

1. This Criminal Petition is filed under: Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Courtto quash the proceedings against petitioners/accused Nos-l to 4 in C.C. No.778 ot 2O23on the file of the leamed Judicial Magistrate of First Class, Special Mobile Court at Nizamabad, registered for the offences punishable under Sections 420 of lPC, Section 7 of Essential Commodities Act, 1955, Section 17(e) of TS Control Order 2016 Act,

2. Heard Sri G. Raghu, leamed counsel for the petitionersi/accused Nos.1 to 4 as well as Sri E. Ganesh, the leamed Assistant Public Prosecutor appearing for the respondent No.1- State.

3. The speciftc allegations against the petitioners/accused Nos"l to 4 are that the petitioners herein have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on

14.04.2029 at about 00:30 hours, the petitioners were found in 2 ETDJ c.tP.No.1a823_2025 possession of 1gs4 bags of pDS rice weighing around 1009.30 quintals.

4. Leamed counsel for the petitioners woutd further submit that without there being any compraint from any beneficiary aileging that the rice was procured deceptively or with a crirninal intent and charging the petitioner for prosecutftcn is untenable and improper. The altegations on their face value cannot be sustained against the petitioner. Further, this court in crl.p.Nos.s7o9 of 2o1g and 334g3 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 herein is also entitled to the same retief and hence prayed to quash the proceedings against the petitioner. 5- The leamed Additionar pubric prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Sections 7 and g of the Essential commodities Act, lgss and hence requested to pass appropriate orders.

6. Perused the material.available on record. 3 tIoJ Crl9.no.1t1823_?O25

7. Sec{ions 7 and 8 of the Essential Commodities Act contemplate. that any person contravenes with the production, 1: ' supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioner has procuned 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 identicalfacts and observed that- "There is no averment indicating that the petitioners in any way deeptivety induced the beneficiaries to part with the supptied PDS rie q the beneficiary entrusted the PDS rie purchased by them with the petitioners and they dishonestty ted or converted to their own use or used it in viotation of a lavvful direction or antract. tn the absence of essential factors,'on the face of prosecution, this @urt finds it to b a ftt casr- to exerci* the juridiction underSecfibn 528 of BNSS, 2023- Thus, contlnuance of use of pr6cess 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, 2023 by applying the same analogy and to quash the proceedings against the petitioners herein. iL 4 SIDJ CrLP.l{o.1a823_20:15

10. Accordingly, the criminar petition is allowed and the proceedings against the petitioners/accused Nos.1 to; + in c-c- No.778 of 2o2g on the file of the leamed Judicia[ Magistrate of Fir:st class, special Mobire court at Nizamabad, are hereby quashed. 11- Miscellaneous petitions, pending if any, shall stand closed, / To, //TRUE COPYII ASstsrANr neclsrnli ?(e SECTION OFFICER House officer, Nizamabad ,r rown potice station, Nizamabad

1. The lAdditionarJudiciar Magistrate of First crass, at Nizamabad. ' I[i,-P"rtion 3. One CC to Sri. Gaje Raghu, Advocate tOpUCI 4. Two ccs to pubric prosecutor, High court for the state of rerangana. tourl 5. Two CD Copies ' vynlpSL M/ HIGH COURT DATED:13111t2025 ORDER CRLP.No.1 4823 ot 2O2S o- .1-i(( ,,,Tft,hr..,il g JAN ?026 0 ,.*ij .... , / t ^-'-,r.;ct'.tl -l ) ALLOWING OF THE CRIMINAL PETITION. I \1/