The High Court · 2025

Petition under Section 528 of BNSS C 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. 1562 Of 2024 on the file the court of Addl. Judicial First class lvlagistrate At Mahabubabad, Mahabubabad District, against the Petitioner and pass such other order or orders may deem fit and proper in the circumstances of the case .A. NO: 2 OF 2025 . Petition under seclion 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased lt is just and necessary that this Hon',ble court may be pleased to grant stay of all further proceedings against the petitioner in cc No. 1562 of iOZ+ on' the file the Court Of Addl. Judicial First Class Magistrate At Mahabubabad, Mahabubabad District including dispense with the appearance of the petitioner till the disposal of the Main Quash Petition in the interest of the justice and pass such other order or orders may deem fit and proper in the circumstances of the case This Petition coming on for hearing, upon perusing lre Memorandum of Grounds of criminal Petition and upon hearing the argumer s of sri LAXMAIAH KANCHANI ,Advocate for the petitioner and Sri. Jithender lao Veeramalla the Additional Public Prosecutor (TG) on beharf of the Sore Resrr rndent. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.1 s 155 of 2025 ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused No.4 in C.C.No.1562 of 2024, on the file of the learned Additional Judicial First Class Magistrate at Mahabubabad, registered for the offences punishable under Sections 318(4) of BNS, 2023 and Sections 7 & 8 of Essential Commodities Act, 1955.

2. Heard Sri Laxmaiah Kanchani, learned counsel for the petitioner/accused No.4 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent - State.

3. The specific allegation against the petitioner/accused No.4 is that he procured PDS Rice from the ration card holders at cheaper rate to sell the same for profit and on 26.07.2024 at 11OO hours, the petitioner was found in possession of 140 bags of PDS rice, total weighing 70 Quintals. ) ) 2 EIO,I Crl.P.No.15155-2025

4. Learned counsel for the petitioner would further submit that without there being any complaint from any benefir:i rry alleging that the Rice was procured deceptively or with a crit rinal intent, charging the petitioner for prosecution is untenable ar d improper. The allegations leveled against the petitioner cannot be sustained. Further, this Court in Crl.P.Nos.5709 c ' 2019 and 33493 of 2015, while considering the same situation, ategorically ' observed that the offences alleged against the petiti: cannot be continued and quashed the proceedings. -- herein is also entitled to the same relief and hen: rers therein re petitioner ) prayed to quash the proceedings against the petitioner.

5. The learned Additional Public Prosecutor h: ; submitted that as per prosecution, the offences said to have been committed by the petitioner is cheating and violation < f Sections 7 and B of the Essential Commodities Act, 1955 and hence requested to pass appropriate orders-

6. Perused the material available on record. 7 . Sections 7 and B of the Essential Comr rodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential corr nodities or _/ t I ) ) EIDJ crl.P.No.15r55 2025 abetment in this regard, is punishable. As per the prosecution, the petitioner herein had procured pDS rice from the ration card holders after supply from the dealer. B. A Coordinate Bench of this Court in Crl.p.No.72 27 of 2O2S has considered the identical facts and observed that:_ "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to patl with the supplied PDS rice or the beneficiary entrusted the pDS rice purchased by them with the petitioners and they dishonestty misappropriated or convefted to their own use or used it in viotation of a tawful direction or contract. tn the absence of essential factors, on the face of prosecution, this Courl finds it to be a fit case toexerc,se the jurisdiction under Section S2g 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 52g of BNSS, 2023 by apprying the same anarogy and to quash the proceedings against the petitioner herein_

10. Accordingly, the Criminal petition is allowed and the proceedings against the petitioner/accused No.4 in c.c,No.i562 \ ( -r*1 \ 4 .- ",., \ ' l' arl P No.15155 2025 of2024,onthefileofthelearnedAdditionalJudiciaFirstClass Magistrate at tr/ahabubabad, are hereby quashed' 11 . Miscellaneous petitions pending, if any, shall st rnd closed' SD/. T. I|RINIVASA REDDY ASSIS TANT REGISTRAR //TRUE COPY// I ;$rror.r oFFtcER To, 1 I I The Addl. Judicial First Class Magistrate At Mahabubabar , Mahabubabad District.

2. fhe SHO Kuravi Police Station' Mahabubabad District' 5. On" CC to SRl. LAXI\4AIAH KANCHANI Advocate [QPtlt ;1 ^ ;. iil Copies to PUBLIC PROSECUTOR, High Court for tl' : St 5. Two CD CoPies Telangana at HYderabad [OUT] ate of PK]SA J W HIGH COURT DATED:1911112025 CRLP.No.15155 of 2025 -- '-=- 64 Rt' ( :).,,tl: l, 11tii IF \a .] F.,,.,_- CRIMINAL PEITITION IS ALLOWED ANI THE PROCEEDINGS AGAINST ACCUSED NII I. 4 ARE HEREBY QUASHED @