The High Court · 2025

1. Vegisena Venkata Raju, S/o. Seetharama Raju, Age 47 Years, Occ Owner of Lorry No. TS 01 UC 7815, Ryo. H. No. 1-111, Srinivas Nagar, Bodhan Village, Nizamabad District-5031 85.

2. Sidda Mothiram, S/o. Ramdas, Age 39 Years, Occ Driver, R/ o. Badurpoor Village, Jainath ltrlandal, Adilabad District-50431 3.

3. Shaik Hussain, S/o. SHark Azam, Age 37 Years, Occ Driver, R/ o. Adilabad Town and Diskict-50400 1 ...PETITIONEFYACCUSED NO'S.3 to 5 AND

1. The State of Telangana, , through S.H.O., P.S. Velpoor, Nizamabad District, represented by Public Prosecutor, High Court at Hyderabad.

2. Sri Ginguri Vinod, S/o Ramulu Age 51 years Occ Deputy r"n.,iO;r1B"Eif?3""' Velpoor Mandal Rl/o Mubaraknagar Nizamabad Proper and District 503003 ...RESPONDENT/De-facto COMPLAINANTS 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 charge sheet in C.C. No. 458 of 2024, on the file of Honourable Additional Judicial First Class Magistrate at Armoor, Nizamabad District, as against the petitioners/ Accused Nos. 3 to 5. l.A. NO: 1 OF 2025 Petition under Section 482 of Cr.P.C praying 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 appearance of the Petitioners/Accused Nos 3 to 5 in C.C. No. 458 ot 2024, on the file of Honourable Additional Judicial First Class Magistrate al Armoor, Nizamabad District, ' This Petition coming on for hearing,upon perusing l re Memorandum of Grounds of Criminal Petition and upon hearing the a guments of Sri K VENUMADHAV ,Advocate for the Petitioner and Sri Jithenc:r Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No 1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15236 of 2025 ORDER: This Criminal petition is filed by the petitioners-accused Nos.3 to 5 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in C.C.No.4SB of 2024 on the file of the learned Additional Judicial First Class Magistrate at Armoor, Nizamabad District, registered for the offences under Section 420 of lndian Penal Code, 1860 (for short 'lPC') and Section 7 of the Essential Commodities Act, 1955.

2. Heard Sri K.Venumadhav, learned counsel for the petitioners as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1-State. 3, Learned counsel for the petitioners submits that the specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 09.04.2024, the petitioners were found in possession of

587.00 quintals of PDS rice.

4. Learned counsel for the petitioners would further submit that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. The all \ egations on their face value cannot be sustained against the 2 petitioners. Further, this Court in Crl.P.Nos.5709 of 1019 and 33493 of 2015 while considering the same situation, categ. 'ically observed that the offences alleged against the petitioners tlr :rein cannot be continued and quashed the proceedings. The peii oners are also entitled to the same relief and hence prayec to quash the proceedings against the petitioners

5. The learned Additional Public ProsecLr rr submits that as per prosecution, the offence said to have been o, ,mmitted by the petitioners is cheating and violation of Section 7 rf the Essential Commodities Act, 1955 and requested to pass appro rriate orders

6. Perused the material available on recor I

7. Sectron 7 of the Essential Commodities \ct contemplate that any person contravenes with the production, sLLl ply, distribution and trade of essential commodities in this regard, is punishable. As per the prosecution, the petitioners have procured F [ )S rice from the beneficiaries after supply from the dealer B. A Coordinate Bench of this Court in ,- 1.P.No.7227 of 2025 has considered the identical facts and observec that "There is no averment indicating that the r:titioners in any way deceptively induced the beneficiaries to p rrt with the supplied PDS rice or the beneficiary entrusted t-r r PDS rice purchased by them with the petitioners and the5 Cishonestly misappropriated or converted to their own use o used it in violation of a laMul direction or contract. ln the rbsence of 3 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 proceedings 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 petitioners herein '1 0. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.45B ot 2024 on the file of the learned Additional Judicial First Class Magistrate at Armoor, Nizamabad District, against the petitioners-accused Nos.3 to 5, are hereby quashed Miscellaneous petitions, pending if any, shall stand closed SD/. AHM D ABDULLAH KHAN TANT REGISTRAR //TRUE COPY// CTION OFFICER The Addl. Judicial First Class Magistrate at Armoor, Ni The SHO, PS Velpoor, Nizamabad District. One CC to SRl. K VENUMADHAV Advocate IOPUC] One CC to Addl. PUBLIC PROSECUTOR Advocate [OPUC] Two CD Copies mabad District. To, I 2 4 5 GE/Sa My HIGH COURT DATED:2011112O25 ORDER CRLP.No.15236 of 2025 -4, .,,1 \\: S 'A I F ) ) t- r'. .') \\, 0i r r,\ -ir I ..., - - lf-Ar .. I _-:-_:_:: _: r;t I i I I .+ ALLOWTNG THE CRLP WITHOUT COSTS \ \o 1tt i