The High Court · 2025

2. Sri. P. Nikhil Ra.i, DT (CS), Nizamabad Town and District, pin code. 5O3OO1. Petilion 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 impugned proceedings in C.C.No.410 of 2025, on the file of the I Additional Judicial Magistrate of First Class at Nizamabad ...RespondenUGomplainant l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum o[ Grounds of Criminal petition, the High Court may be pleased to grant interim stay of all further proceedings in proceedings in C.i, No. 410 of 2025, on the file of the I Additional Judicial Magistrate of First class at Nizamabad, including appearance and attendance of the petitioners / Accused Nos. 1 to 3, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusinly the Memorandum of Grounds of Criminal Petition and upon hearing the argumr; rts of Mr G. RAGHU, Advocate for the Petitioners and Mr. JITHENDER RA() VEERAMALLA, the Additional Public Prosecutor on behalf of Respondent No' and none appeared for the Respondent No.2 The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMI NAL PETITION No.151'14 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 petitioners/accused Nos.1 to 3 in C.C.No.410 of 2025, on the file of the leamed I Additional Judicial Magistrate of First Class at Nizamabad, registered for the offences punishable under Section 318(4) of BNS, 2023 and Section 7 of Essential Commodities Act, 1955 and 17(e) of Telangana State Public Distribution System (Control) Order,

2. Heard Sri G.Raghu, learned counsel for the petitioners/accused Nos.1 to 3 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 is that they procured PDS Rice from the white ration card holders at cheaper rate to sell the same for profit and on fY.2O24 at 1700 hours, the petitioners were found in 2 ETOJ crl.P No.l51,l/r 2025 possession of 52 bags of PDS rice weighing r bout 26.40 Quintals.

4. Leamed counsel for the petitioners would fu ther submit that without there being any complaint from an'r beneficiary alleging that the Rice was procured deceptively or wi r a criminal intent, charging the petitioners for prosecution is urr enable and improper. The allegations leveled against the petitirr rers cannot be sustained. Further, this Court in Crl.P.Nos.5709 r f 2019 and 33493 of 2015 while considering the same situation, r ategorically observed that the offences alleged against the petitior rers therein cannot be continued and quashed the procee, lings. The petitioners herein are 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 offences said to lave been committed by the petitioners is cheating and violation rf Sections 7 and I of the Essential Commodities Act, 1955 rnd hence requested to pass appropriate orders.

6. Perused the material available on record i i I L : i I I I I t t t 3 ETOJ Cd.P.No.15l/ul-202s

7. Sections 7 and 8 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 had procured PDS rice from the ration card holders after supply from the dealer'

8. A Coordinate Bench of this Court in Crl'P'No 7227 ot 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 ice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or conveded to their own use or used it in viotation of a lawful direction or contract- ln the absence 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 lhus continuance of proceedings aganst the petitioners is abuse of process of law."

9. The facts and circumstances of the present case also are similar to lhose 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' I 4 ETOJ Crl-P.No 15144 2025

10. Accordingly, the Criminal petition is alk wed and the proceedings against the petitioners/accused \ os..l to 3 in C.C.No.410 of 2025, on the file of the learned I A<1, litional Judicial Magistrate of First Class at Nizamabad, are hereb/ quashed.

11. Miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// sd/- s. n:', /\ llALLIKARJUNA RAO STANT REGISTRAR I i \secnor.r oFFtcER \ To The I Additional Judicial First Class MagistrateYt tJ zamabad, The Station House Officer, Nizamabad I TN potice Stz I on, Nizamabad Dist ].w9 CCs to the Public Prosecutor, High Court for the S;t rte of Telangana, at Hyderabad [OUT] One CC to Mr. c. RAGHU, Advocate [OpUCl Two CD Copies 2 3 4

5. RC,'PR Y'" HIGH GOURT DATED: 1911112025 ORDER i\t 'r[' ;i CRLP.No.15144 of 2025 2 3 JAt{ il26 * t)ESpr ,; ''Q4:" - - '-r- Accordingly, this Criminal Petition is l\ lowed. % .dd W