The High Court · 2025

Petition under Section 528 of BNSS C praying that in the circumstances stated in the Memorandum of Grounds of crimrnal Petition, the High court may be pleased to quash the proceedings in CC No. 113 of 2021 on the file of the Honourable Judicial Magistrate of First Class at Korutla in so far as petitioners/Accused No. 1 and 2. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of crimrnal Petrtion, the High court may be pleased to grant stay of all further proceedings against the Petitioners /Accused No, ,1 and 2 in cc No. 113 0f 2021 0n the file of lhe Honble Judicial Magistrate of First class at Korutla pending disposal of the main crimlnal petition and pass This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri ALLURI DIVAKAR REDDY ,Advocate for the Petitioner and Sri. Jithender Rao veeramalla the Additional Public Prosecutor (TG) 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.JUSTTCE TIRUMALA Dfl /I EADA CRIMINAL PETITION No.15437 of 202i ORDER:- 1. This Criminal Petition is filed under Section t;: 8 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seekirl the Court to quash the proceedings against the petitioners/acc.r;ed Nos.1 and 2 in C.C.No,1 13 of 2021, on the file of leamed Ju<l :ial Magistrate of First Class at Korutla, registered for the offer( es punishable under Sections 420 of Indian Penal Code, Si, rction 7(l) ot Essential Commodities Act, 195S.

2. Heard Sri Alluri Divakar Reddy, learned ,: runsel for the petitioners/accused Nos.1 and 2 as well as S-i Jitender Rao Veeramalla, the learned Additional public prose,: ttor appearing for the respondent No.1- State.

3. The specific allegations against the petit cners/accused Nos.1 and 2 are that the petitioners herein have, procured pDS rice from the beneficiaries at cheaper rate to se:l the same for profit and on 21 .02.2021 at about 1g.00 hours, the petitioners were found in possession of pDS rice weigl-irg around 15 Quintals e0 Kgs 2 ETOJ Crr-P.No.15,137 2025

4. Learned counsel for the petitioners would further submit that without there being any complaint from any beneflciary alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioners. 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 is also entitled to the same relief and hence prayed to quash the proceedings against the petitioners.

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

6. Perused the material available on record \ ( 3 ETOJ Crl.P.No.15437 2025

7. Sections 7 of the Essential Commodities ,a:t contemplate that any person contravenes with the pioc|,ction, supply, distribution and trade of essential commodities or i betment in this regard, is punishable. As per the prosecution, the 1 etitioners have procured PDS rice from the beneficiaries after :; rpply from the dealer. 8, A Coordinate Bench of this Court in Crl.P.trl, ,.7227 of 2025 has considered the identical facts and observed th: :- "There is no averment indicating that the petitioner., in any way deceptively induced the beneliciaries to patt with the s pptied pDS rice or the beneficiary entrusted the PDS rice purchat ed by them with the petitioners and they dishones y misapp, cpriated or convefted lo their own use or used rI in violation of a le t ,fut direction or contract. ln the absence of essential factors, on the face of prosecution, this Couft finds it to be a fit case fo t xercise the jurisdiction under Section 528 of 8NSS, 2023_ Thus, ct rtinuance of proceedings against the petitioners ls abuse of process ,,f law.. L The facts and circumstances of the presen: 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 Sectior 52g of BNSS, 2023 by applying the same analogy and to quash t- : proceedings against the petitioners herein. 4 EIDJ Cd-P.No-15437_2025

10. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.113 of 2021, on the file of learned Judicial Magistrate of First Class at Korutla, are hereby quashed.

11. Miscellaneous petitions, pending if any, shall stand closed. //TRUE COPY// SD/- A,JAYASREE ASSISTANTREGISTRA I CTION OFFICER To, '1. The Judiciat Magistrate of First Class at Korufla, Jagital District. 2. The SHO Korufla police Station,Jagtial District. 3. One CC to SRt. ALLURT DTVAKAR REDDy Actvocate [OPUC] 4. Two Copies to pUBLIC PROSECUTOR, High Court for the State of Telangana at Hyderabad [OUT]

5. Two CD Copies PK/?SL HIGH COURT DATED:2511112025 CRLP.No.15437 ot 2025 ffi! SI,i It o{ t o 0g IlB 2m6 t I :f J- Ot: S]T ':C + CRIMINAL PEITITION IS ALLOWED AND THI: PROCEEDINGS AGAINST THE PETITIONERS'ACCUSED NO. 1. & 2. ARE HEREBY QUASHED. g