The High Court · 2025

2. Sri. G. Sharath Kumar, S/o. Kishan, Age.44 Years, Occ Revenue lnspector, Kammarpally, Nizamabad District, Pincode. 503308. ...Respondents/Com plainant 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. 197 of 2025, on the file of the lAdditional Judicial Magistrate of First Class at Armoor, in so far as petitioners /Accused No. 2 is concerned l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that rn 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 C.C No. 197 of 2025 on the file of the I Additional Judicial Magistrate of First Class at Armoor, including appearance and attendance of the petitioner/ Accused No. 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 arguments of Mr G. RAGHU, Advocate for the Petitioner and Mr. JITHENDER RAO VEERAMALLA, the Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER -7 THE HON'BLE SMT.JUSTICE TIRUMALA T) :VIEADA CRIMINAL PETITION No.15299 or 2(25 ORDER:- 1. This Criminal Petition is filed under I; :ction 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2( 23 seeking to quash the proceedings against the petitioner/a: ;used No.2 in C.C.No.197 ot 2025, on the file of the learned I A<l litional Judicial Magistrate of First Class at Armoor, registered li r the offences punishable under Section 318(4) of BNS, 2023 ar d Section 7 of Essential Commodities Act, 1955.

2. Heard Sri G.Raghu, learned coun el for the petitioner/accused No.2 as well as Sri Jitender Fi o Veeramalla, the learned Additional Public Prosecutor app( aring for the respondent No.1 - State.

3. The specific allegation against the petitior er is that he along with other accused used to procure PDS lice from the ration card holders at cheaper rate and used to s: I the same on higher price for profit and on 12.02.2025 at {) }0 hours, the petitioner was found in possession of PDS Rice r ontaining in 7 plastic bags weighing 05.20 Quintals .-/ 2 ETDJ Crr.P-No.1S299 2025

4. Learned counsel for the petitioner would further submit that without there being any complaint from any beneficiary alleging that the Rice was procured deceptively or with a criminal intent, charging the petitioner for prosecution is untenable and improper. The allegations leveled against the petitioner cannot be sustained. Further, this Court in Crl.P.Nos.5709 of 20'19 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 petitioner herein is 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 have been committed by the petitioner is cheating and violation of Sections 7 and B of the Essential Commodities Act, 1 955 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 3 ETO,] crl.p.No 15299_2025 abetment in this regard, is punishable. As per the : 'osecution, the petitioner herein had procured PDS rice from t re ration card holders after supply from the dealer I t B. A Coordinate Bench of this Court in Crl.P.Nr .7227 of 2025 has considered the identical facts and observed the t:- "There is no averment indicatng that the petitioner; deceptively induced the beneficiaries to parl with t PDS rice or the beneficiary entrusted the PDS rice S'r them with the petitioners and they dishonestly mise or converted to their own use or used it in violatrcl directicn or contract. ln the absence of essential fac face of prosecution, this Courl ftnds it to be a fit cas? the jurisdiction under Section 528 of BNSS, 2r) continuance of proceedings against the petitionets' tn any way 'e supplied rchased by )propriated of a lawful ors, on the to exercise '3. Thus, s 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 ( ourt finds it to be a fit case to exercise jurisdiction under Section 528 of BNSS, 2023 by applying the same analogy and t I quash the proceedings against the petitioner herein

10. Accordingly, the Criminal Petition is alk>ved and the proceedings against the petitioner/accused No.2 ir 1.C.No.197 of ETD,I Crl.P.No I5299 2025 ') 2025, on the file of the learned I Additional Judicial Magistrate of First Class at Armoor, are hereby quashed

11. Miscellaneous petitions pending, if any, shall stand closed //TRUE COPY// SD/. T.SRINIVASAREDDY ASSISTANT REGISTRAR a SECTION OFFICER To,

1. The I Additional Judicial Magistrate of First Class at Armoor, 2. The Station House Officer, Kammarpally Police Station, Nizamabad 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad. [OUT]

4. One CC to Mr. G. Sharath Kumar, S/o. Kishan, Age.44 Years, Occ Revenue lnspector, Kammarpally,Nizamabad Dtstrict, Pincode. 503308. [OPUC] 5 One CC to Mr G RAGHU, Advocate [OPUC] 6 Two CD Copies RC/PSL HIGH COURT DATED: 2111112025 ORDER CRLP.No.15299 of 2025 ,?6ffifr> E l:\ r'21 ..',. '.'ti . t'r/.:,' fl? \.2, Accordingly, this Criminal Petition is A lowed. 4