The High Court · 2025

The State of Telangana, Rep by the Publtc Prosecutor, Through SHO Geesugonda, Warangal District, High Court at Hyderabad Sri. G.Srinivas, ASI-870 of Police, P.S. Geesugonda, Warangal District 506002 ...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 Petitioner/Accused in cc No. 1863 of 2024 on the file of Principal Junior civil Judge cum Judicial Magistrate First Class at Warangal, in the interest of justice. l.A. NO: 2OF 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 Petitioner/ Accused in Ci tto. 1863 of 2024 on the file of Prl. Junior Civil Judge Cum Judicial Magistrate First class at warangal, pending disposal of the above criminal Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Bhargava krishna L ,Advocate for the Petitioner and sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and of none appeared for the Respondent No.2. The Court made the following: ORDER t THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14950 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 petitioner/accused in C.C.No.1863 of 2024, on the file of the learnecr principal Junior Civil J udge-cum-J udicial Magistrate of First Olass, Warangal, registered for the offences punishable under Srection 3l B(4) of BNS, 2023 and Section 7 of the Essential Commodities Act, '1955.

2. Heard Sri L.Bhargava Krishna, learned counsel for the petitioner/accused as well as Sri Jitender Rao Veerar.nalla. the learned Additional Public prosecutor app:arrng for the respondent No. 1 - State. 3 The specific allegation against the petitionerr,,accused is that he has procured PDS Rice from the ration card holders at cheaper rate to sell the same for profit and cn 24.10.2024 al

16.00 hours, the petitioner was found in possessicn of .1 g0 gunny bags containing PDS Rice, each bag weighinly 50 Kgs, which totals to 95 q u inta ls i I i I 1 I 2 ETD,) Cn P No.r{950 2025

4. Learned counsel for the petitioner would further submit that without there being any complaint from any beneficiary alleging that the Rice was procured deceptively or with a criminal intent' charging the petitioner for prosecution is untenable and improper The allegations on his face value cannot be sustained against the petitioner. Further, this Cou( 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 herein is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner. 5 The learned Additional Public Prosecutor has submitted that as per prosecution, the offence said to have been committed by the petitioner is cheating and violation of Sections 7 and 8 of the Essential Commodities Act, 1955 He further submitted that charge sheet has been filed in this case vide C'C No 1863 of 2024, which is pending on the file of the learned Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Warangal and hence requested to pass appropriate orders.

6. Perused the material available on record. J 3 ETO,] Cn P.No 1,1950 2O2S

7. Sectiorrs 7 and B of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential lommodities or abetment in this regard, is punishable. As per the prosecution, the petitioner herein has procured pDS rice from the ration card holders after supply from the dealer. B A Coordinate Bench of this Court in Crl.p t,Jo 7227 of 2025 has considered the ldentical facts and observed that:- "There is no averment indicating that the petitionets in any way decet-ti\/ely inrlucect the beneftciaries to paft with the supplied PDS rrce or the beneficiary entrusted the pDS rice pt,rchased by them wittl the petitioners and they dishones y mi::acpropriated or convefted lo their own use or used it in violaticn of a lav,,fut directrcn or contract ln the absence of essential f.,c,ors. on the face of Stosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section S2g of BNSS, 2)1!3. Thus, continuance of proceedings against the petitioners /s abuse of process of law '

9. The facis and circumstances of the present case also are similar to those in the above case and hence, this c:ourt finds it to be a fit case to exercise jurisdiction under Sectiorr 528 of BNSS, 2023 by applying the same analogy and to quash the proceedings against;the petitioner herein. 4 Er0,l Crr P N. 14950 2t)i '10 Accordingly, the Criminal Petition is allowed and the proceedings against the petitioneriaccused in C.C.No.1863 of 2024, on the file of the learned Principal Junior Civil Judge-cum- Judicial Magistrate of First Class, Warangal, are hereby quashed 11 . Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPYII SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR G SECTION OFFICER

1. The Principal Junior Civil Judge Cum Judicial Magistrate First Class at Warangal

2. The station House Officer,Geesugonda Police Station, Warangal 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at 4. One CC to SRI BHARGAVA KRTSHNA L, Advocate tOpUCl 5. Two CD Copies Hyderabad (OUT) I I I I I I I i I I I j ! I l To, 4 ADI(/PSL HIGH COURT DATED:1711112025 ORDER ,/'l:../in' ,7,/r- CRLP.No. 1 4950 of 2025rf '.,.t9 TL : j, r.' --'t'--:-. --a-': .._:tf.Ti. (r ,..\' \: t- 'r :r' \ ,.) \. ''11 "\Y,/vr,,, r ." ' ALLOWING THE CRLP \ C-\