The High Court · 2025

The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Tetangana. Myaka Srinivas, S/o. Sayanna, Age. 47 years, Occ. Deputy Tahsildha(CS), Makloor, R/o. H. No. 5-1 1-25, Yellammagutta, Nizamabad District-SO321 3. ..RESPONDENTS 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 in CC No. 1130 of 2022 on the file of the Special Judicial Magistrate Of First class for Trial of cases under TS Prohibition and Excise Act Cum- lvth Additional Judicial First Class Magistrate at Nizamabad in so far as petitioner/sole accused l.A. NO: 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 grant stay of all further proceedings against the petitioner in CC No. 1 130 of 2022 on the file of the Special Judicial Magistrate Of First class for Trial of cases under TS Prohibition and Excise Act Cum- lvth Additional Judicial First Class Magistrate at Nizamabad pending disposal of the main criminal petition This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ALLURI DIVAKAFI REDDY ,Advocate for the Petitioner and Mr V.Jithender Rao Additional Public Prosecutor on behalf of the Respondent No1. and none appear Advocate for the Rerspondent No2. The Court made the following: ORDER I j i Iii { ,/:''. THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA ORDER: This criminat Petition is filed by the petitioner-accused under section 528 of Bharatiya Nagarik Suraksha sanhita, 2023(for short 'BNSS, 2023') seeking quashment of proceedings in c.c.No.1130 of 2022 on the file of the learned Special Judicial Magistrate of First class for Trial of cases under T.s. prohibition and Excise Act-cum- lv Additional Judicial First class Magistrate at Nizamabad registered for the offences under Section 420 of lndian penal code 1860 (for short 'lPC'), section z of the Essentiat commodities Act, 1955 and section 17(e) of the Telangana state civil supplies of Public Distribution System Act, 2016.

2. Heard sri Alluri Divakar Reddy, learned counsel for the petitioner as well as sri Jithender Rao veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State.

3. Learned counsel for the petitioner submits that the specific allegation against the petitioner is that he has procured pDS rice from the beneficiaries at cheaper rate to selt the same for profit and on 09.06.2022, the petitioner was found in possession of 31.10 quintals of PDS rice.

4. Learned counsel for the petitioner wourd further submit that without there being any complaint from any beneficiary, alleging 2 that tlre rice was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioner. 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 petit.ioner therein cannot be continrred and quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the procee,dings against the petitioner. lt. The learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been commifted by the petitioner 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 recprd. 7. Section 7 of the Essential Commodities Act contemplate that anv person contravenes with the production, supply, distribution and trarie of essential commodities in this regard, is punishable. As per the prosecution. the petitioner has procured 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 identical facts and observed that: "There is no averment indicaling that the petitioners in any way deceptively induced the beneficiaries to part with the { 3 ETD) cflp-15075-2025 supplied PDS rice or the beneficlary entrusted the PDS rice purchased by them with the petitioners and ttrey dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or contract. ln the absenoe of essential 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 pmceedings against the petitioners is abuse of process of law." 9. The facts and circumstances of the present case also 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 by applying the same analogy and to quash the proceedings against the petitioner herein.

10. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.1130 of 2022 on the file of the learned Special Judicial Magistrate of First Class for Trial of Cases under T.S. Prohibition and Excise Act-cum-lV Additional Judiciat First Class Magistrate at Nizamabad, against the petitioner-accused, are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed. sdr- MALLIKARJUNA RAO //TRUE COPY/' OFFICER To,

1. The Special Judicial Magistrate Of First class for Trial of cases under TS Prohibition and Excise Act Cum- lvth Additional Judicial First Class Magistrate at Nizamabad

2. The Station House Officer, Police Station Makloor, Nizambad District 3. One CC to SRl. ALLURI DIVAKAR REDDY Advocate [OPUC] '1 I

4. Two CC to SRl. PUBLIC PROSECUTOR High court for the state of Telirngana at Hyderbad [OUTI

5. Two CD Copies Yl- HIGH COURT DATE:D:1811112025 ( \ ORDEIR s CRLP.No.15075 ot 2025 u 3 JAll 2026 * L-\ x f gtoq3',\ Srw