The High Court · 2025

1. Oddetti Srikanth, S/o. Laxmaiah, Age. 54 Years, Occ. Gumastha, R/o. H. No. 2-27, BC Colony, Laxmipur, Sirpur (T) Village and Mandal, Kumuram Bheem Asifabad District504299.

2. Oddetti Sathaiah @ Satyanarayana, S/o Bapu, Age. 54 Years, Occ Operator, R/o H. No. 2-33, Muthyampet Village, Kautala lvlandal, Kumuram Bheem Asifabad District-504299.

3. Dhoni Suresh, S/o. Late. Dhoni Posulu, Age. 26 Years, Occ. Operator, R/o. H. No. '1-42, BC Colony, Kumbari, Muthyampet Village, Kautala Mandal, Kumuram Bheem Asifabad District-504299.

4. Abhynay Kamalakar, S/o. Prakash Rao, Age. 39 Years, Occ. Business, R/o. H. No. 12-13-669, Flat No.401, Sai Shanthi Nivas, Street No. 14, Nagarjuna Nagar Colony, Tarnaka, Secunderabad. Hyderabad-500070. ANO ...PETITIONERS/ACCUSED Nos 1 to 3 & 7 1 The State of Telangana,, through S.H.O., P.S. Sirpur-T, Kumuram Bheem Asifabad District, Represented by Public Prosecutor, High Court at Hyderabad. Mohammed Raheemuddin,, Deputy Tahsildar (Civil Supplies) Sirpur-T, Sirpur T Proper and Mandal, Kumuram Bheem Asifabad District.504296 a ' ...RESPONDENT 2 ...RESPONDENT/DEFACTO . COMPLAI NANT Petition under Section 528 of BNSS praying that in the circumstances stated in the l\,4emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the F.l.R No. 146 ol 2025 of P.S Sirpur-T, Kumuram Bheem Asifabad District, as against the petitioners/ Accused No s. '1 to 3 and 7. l.A. NO: 2OF 2025 Petition under Section 482 of Cr.P.C prayinE that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings including arrest of the petitioners/Accused No's. 1 to 3 and 7 in F.l.R. No. 146 of 2025 of P.S. Sirpur-T, Kumuram Bheem Asifabad District. t This Petition coming on for hearing,upon perusinE the Memorandum of Grounds of Criminal Petition and upon hearing the lrguments of Sri K vENU{VIADHAV ,Advocate for the Petitioner and the Addiri nal public prosecutor (TG) on behalf of the Respondent No.1 and none for the Re ;oondent No.2. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15041 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 to3&7inCrimeNo.146 of 2025, onthefileof SirpurTown Police Station, Kumurambheem Asifabad District, registered for the offences punishable under Section 318(4) of BNS, 2023, Section 7A of the Essential Commodities Act, 1955 and Section 17(e) of Telangana State Public Distribution System (Control) Order,2016.

2. Heard Sri K.Venumadhav, learned counsel for the petitioners/accused Nos.1 to 3 & 7 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. The specific allegation against the petitioners/accused Nos.1 to 3 & 7 is that they have procured PDS Rice from the beneficiaries at cheaper rate to sell the same for profit and on 18.1O.2025 at 1500 hours, the petitioners were found in ./ 2 EIO,' ( n.P.No.i504r_2025 possession of 100 plastic bags of PDS Rice, weig ring about 50 Quintals

4. Learned counsel for the petitioners would ,rrther submit that without there being any complaint from a r y beneficiary alleging that the Rice was procured deceptively or r rith a criminal intent, charging the petittoners for prosecution is t ntenable and improper. The allegations on their face valrt: cannot be sustained against the petitioners. Further, t is Court in Crl.P.Nos.5709 of 2019 and 33493 ol 2015 while r:r nsidering the same situation, categorically observed that the ofi nces alleged against the petitioners therein cannot be continue<l and quashed the proceedings. The petitioners herein are also e ntitled to the same relief and hence prayed to quash the proce: lings against the petitioners.

5. The learned Additional Public Prosecutor r rs submitted that as per prosecution, the offences said to have been committed by the petitioners is c:heating and violatir r of Sections 7 and B of the Essential Commodities Act, 19[ I and hence requested to pass appropriate orders

6. Per-used the material available on record 3 ETO.] Crl.P.No.15041_2025

7. Sections 7 and B 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 herein have procured PDS rice from the ration card holders 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 pad with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the peliioners and they dishonestty misappropriated or convefted to their own use or used it in violation of a lawful direction or contract. ln the absence of essenlia/ factors, on the face of prosecution, this CourT finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioners ls abuse of 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, 2023 by applying the same analogy and to quash the proceedings against the petitioners herein. 4 ETO,I Crl.P.No 15041 2025

10. Accordingly, the Criminal petition is alk,r red and the proceedings against the petitioners/accused Nos. to 3 & 7 in Crime No.146 of 2025, on the file of Sirpur Town I olice Station, Kumurambheem Asifabad District, are hereby quasl- :d. 11 Miscellaneous petitions pending, if any, shall s and closed. //TRUE COPY// sD/- A.S;l ASFI IEEN i\TAN IVASA REDDY T REGISTRAR s$lot oFFlcER oT l.TheStationHouseCfficer.PSSirpur'-T,Kumura''nBh::mAsifabadDistrict' 2. One CC to SRl. K VENUT\4ADHAV Advocate [OPUC] 3. Two CCs to the Additional PUBLIC PROSECUTOR, ll { h court for the state of Telangana at HYderabad [OUT]

4. Two CD CoPies TUPSL HIGH COURT DATED:'18/1 1/2025 ORDER CRLP.No.15041 ot 2025 / i, i' I ) Li.i 2025 si -,i"/ // '',/. Sri'lH ALLOWING THE CRIMINAL PETITION. ?o V*s-r\^"