The High Court · 2025

THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 15461 OF 2025 Between: t 9l,rj[ Ayub, S/o_Shaik Nizam, Aged 27 years, Occ Business, R/o. H.No. 9_ '17-114, Hashmi Colony, Nizamabad Towri and District. pincod6 503001. 2. Mahammad Shahbaz, S/o. Mahammad Ghouse_ Aoed 26 vears. Occ Business, Rl/o. H.No. 1-1-1741F, Rakasipet, BoOhan"iown- a6O-U'anOi[ Nizamabad District. Pincode 503185. ...Petitioner/Accused No.1 & 2 AND

1. The State of Telanoana terangJna, ;t Hya;;aGd ' Rep. by its Public Prosecutor, High Court of

2. Sri. Malavath Ravindhar,. 9/.o _9u.yq, Age,37 years, Occ Dy. Tahsildar (CS), Morthad, Nizamabad District, pincode S03225 ...RespondenuAccused No. 1 & 2 Petition under Section 528 of B.N.S.S. 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_ 315 of 2022, on the file of the Court of the I Additional Judicial Magistrate of First Class at Armoor. l.A. NO: 2 OF 2025 Petition under Section 528 of B.N.S.S. 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 C.C.No_ 315 of 2022, on the file of the court of the I Additional Judicial Magistrate of First ctass at Armoor, including appearance and attendance of the petitioners/Accused Nos. 1 and 2, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing Ie Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gaje Raghu, Advocate for the Petitioner and Sri V.Jithender Rao, Additior i I Public Prosecutor on behalf of the Respondent No.1 and none appeared for the lespondent No.2. The Court made the following: ORDER / THE HON'BLE SMT.JUSTICE TIRUMALA DEVIEADA CRIMINAL PEIIIION No.15461 ot 2o25 ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C.No.315 of 2Q22, on the file of I Additional Judicial Magistrate of First Class at Armoor, registered for the offences punishable under Sections 420 of lndian Penal Code, Section 7('l ) of Essential Commodities Act, 1955.

2. Heard Sri G.Raghu, learned counsel for the petitioners/accused Nos.1 and 2 as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. The specific allegations against the petitioners/accused Nos.1 and 2 are that the petitioners herein have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 11.08.2022 at about 01.10 hours, the petitioners were found in possession of PDS rice weighing around 128.80 Quintals. z ETDJ crl P.No.15461 2025

4. Learned counsel for the petitioners would furt rer submit that without there being any complaint from any ben,: iciary alleging that the rice was procured deceptively or with a cri r inal intent and charging the petitioners for prosecution is I ntenable and improper. The allegations on their face value canr r t be sustained against the petitioners. Further, this Court in Crl r.Nos.S709 of 2019 and 33493 of 2015 while considering the same situation, categorically observed that the offences allegr; l against the petitioners therein cannot be continued and quashed the proceedings. The petitioners herein is also entifl,: I to the same relief and hence prayed to quash the proceedin ys against the petitioners.

5. The learned Additional Public Prosecutor srr rmitted that as per prosecution, the offence said to have been co nmitted by the petitioners is cheating and violation of Sections 7 < f the Essential Commodities Act, 1955 and hence requested to pi ss appropriate orders.

6. Perused the material available on record. \ \ 3 ETO,J Crl.P.No.15461 2025

7. Sections 7 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 have procured PDS rice from the beneficiaries after supply from the dealer.

8. A Coordinate Bench of this Court in Crl.P.No.7227 of 2O25 has considered the identical facts and observed that:- "There is no averment indicating that the petitioners in any way deceptively induced the benefbiaries to paft with the supplied PDS rice 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 violation of a lavtful direction or contract. ln the absence of essential factors, on the lace of proseculion, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of 8NSS, 2023. Thus, continuance of proceedings against the petitioners ,s abuse ofprocess of ,aw. "

9. The facts and circumstances of the present case also are similar to those in the above c€lse 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. 4 ETDJ cd.P.No.15461 2025

10. Accordingly, the Criminal Petition is allc wed and the proceedings against the petitioners/accused Ncs.1 and 2 in C.C.No.315 of 2022, on the file of I Additional Jurl cial Magistrate of First Class at Armoor, are hereby quashed.

11. Miscellaneous petitions, pending if any, shal ;tand closed. //TRUE COPY// SD/- S.M/ ,LLIKARJUNA RAO Assr irtr REGTSTRAR / --1. \__ _--- \\ $+ TION OFFICER To,

1. The I Additional Judicial Magistrate of Frrst Class, Armor . 2. The Station House Officer, Morthad Police Station, Nizar abad Diskict. 3. One CC to Sri. Gaje Raghu, Advocate [OPUCI 4. Two CCs to Public Prosecutor, High Court for the State c I Telangana. [OUT] 5. Two CD Copies YJR/PSL HIGH COURT DATED:25l11tZ0Zs ORDER CRLP.No.1S4G1 ot 20ZS (:)o t ^ * .. 1 E1 S TA t.l JAII u2[ ? I I :; f taAT C ALLOWING OF THE CRIMINAL PETITION. I 1 i I 1 I 9