The High Court · 2025

1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad

2. Sri. Mamidi Dathadri, S/o. Hanmandlu. Age 47 Years, Occ: Dy. Tahsildar (CS), C/o. DCSO, Nizamabad, R/o. H.No. 1-2'1211116, Srinagar Colony, Nizdmabad rown and D istrict' Pi ncod e uo.'..,#rro N D E NTS/coM p r-Ar N ANT 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 impugned proceedings in C.C No. 1315 of 2024, on the file of the ll Additional Judicial Magistrate of First Class at Nizamabad 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 interim stay of all further proceedings in proce"Oilgt in C.C. ruo. tet S ol2024, on the file of the ll Additional Judicial Magistrate of First Class at Nizamabad, including appearance and attendance of the petitioners / Accused Nos. 1 to 2, 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 argurnents of Sri GAJE RAGHU, Advocate for the Petitioners and SRl. JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2 The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA cRr MINAL ON No .15146 of 2025 Ri

1. This Criminal Petition is ftled under Section 52g of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.13'l 5 ot 2024, on the file of the tearned ll Additional Judicial Magistrate of First Class at Nizamabad, registered for the offence punishable under Section 42O of lpC and Section 7 of Essential Commodities Act, 1955.

2. Heard Sri G.Raghu, learned counsel for the petitionerdaccused Nos.1 & 2 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.'t & 2 is that they procured pDS Rice from the ration card holders at cheaper rate to sell the same for profit and on 11.6.2022 at 22.15 hours, the petitionerc were found in possession of 72bags of PDS rice weighing about 3610 euintals. 2 EIOJ Gt.P.tro.151{5_202S

4. Leamed counsel for the petitioners would further submit that without there being any complaint from any bene{iciary alleging that the Rice was procured deceptively or with a criminal intent, charging the petitioners for prosecution is untenable and improper. The allegations leveled against the petitioners cannot be sustrained. 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 petitioners therein cannot be continued and quashed the proceedings. The petitioners herein are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners.

5. The learned Additional Public Prosecutor has submitted that as per prosecution, the offences said to have been committed by the petitioners is cheating and violation of Sections 7 and 8 of the Essential Commodities Act, 1955 and hence requested to pass appropriate orders.

6. Perused the material available on record.

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 r/ 3 EIDJ Crl.P.No.151tl5_202s 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 deater. \ \

8. A coordinate Bench of this court in crl.p.N o.T22T of 202s has considered the identicalfacts and observed that- \ \ "There is no avennent indicating that the petitioners in any way deceptively induced the beneficiaries to part with the supptied PDS rice or the beneficiary entrusted the pDS rice purcha*d 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 court finds it to be a fit case to exercise the jurisdiction under secfibn 52g of BNss, 2023. Thus, continuance of proceedings against the petitioners is 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 s2g of BNSS, 2023 by applying the same anarogy and to quash the proceedings against the petitioners herein.

10. Accordingly, the criminal petition is altowed and the proceedings against the petitioners/accused Nos.1 & 2 in c.c.No.1315 of 2024, on the file of the learned ll Additional I I I i i I 4 EIDJ Crl.P.No.lS1a5_2OZs Judicial Magistrate of First class at Nizamabad, are hereby

11. Miscellaneous petitions pending, if any, shafl stand closed. Sd/. S. MALI.IKARJUNA RAO ASSISTANT REGISTRAR 6 SECTION OFFICER //TRUE COPY// To, .'

1. The ll Additional Judicial Magistrate of First Class at Nizamabad, Nizamabad District

2. The station ltpygg officer, Nizamabad vlrN police station, Nizamabad, Nizamabad District

3. One CC to SRI GAJE RAGHU Advocate tOpUCI 4. Two ccs to ifQ!_" Hyderabad [OUTI prosecutor, High court for the state of relangana at

5. Two CD Copies VM/PR r -4b/ HIGH COURT DATED: 1911112025 ORDER GRLP.No.15146 ot 2025 r'u rnf Sr4 6 0 I JAN 202[ o c) /a ( i ? ?: 6) 3 .5 ALLOWNG THE CRIMINAL PETITION \v