The High Court · 2025

2. Sri. B. Ramesh, PC-1930,, Nizamabad Town lV P.S, Nizamabad District' Pincode 503001. ...RESPONDENTS/COMPLAINANT Petitlonundersection52EofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminat Petition, the High court may be pleased to quash the lmpugned proceedings in C C No 1342 ot 2022, on lhe file of the Judicial Magistrate of First class, special tvlobile court at Nizamabad and pass such othjr order or orders may deem fit and proper in the circumstances of the case t.A. NO: 2 OF 2025 PetitionUndersection528ofBNSSprayingthatinthecircumstances stated in the Memorandum of Grounds of criminal Petition, the High court may oepleasedltisfurtherprayedthatthisHon.bleCourtmaybepleased-tog-rant interim stay of all furthei proceedings in C.C.No. 1342 of 2022, on the file of the JrOiciar rrltJgi.trate of First Class, Special Mobile Court at Nizamabad., including ipp""r"n""-"nd attendance of the petitione rs/Accused Nos l and 2' pending Jisposat of the above Criminal petition and pass such other order or orders may deem fit and proper in the circumstances of the case' This Petition coming on for hearrng, upon perusing t r r Memorandum of Grounds of Criminal Petition and upon hearing the argurr )nts of Sri GAJE RAGHU ,Advocate for the Petitioner and Sri. Jithender F:: Veeramalla the Additional Public Prosecutor (TG) on behalf of the Responrl, nt No.1 and none appeared for the Respondent No. 2. The Court made the following: ORDER T7 THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.15529 ot 2025 ORDER:- 1. This Criminal Petition is filed under Section S28 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos..l & 2 in C.C.No.1342 of 2022, on the file of the learned Judicial Magistrate of First Class, Special Mobile Court at Nizamabad, registered for the offences punishable under Section 420 of lpC and Section 17(e) of Essential Commodities Act, 1955.

2. Heard Sri G.Raghu, learned counsel for the petitioners/accused 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.1 & 2 is that they procured PDS Rice from the public at cheaper rate to sell the same for profit and on 23.08.2022 al2O3O hours, the petitioners were found in possession of 5O bags of PDS rice weighing about 1B Quintals. 2 €TD,J C.l P No.15529 2025

4. Learned counsel for the petitioners would ltrther submit that without there being any complaint from ar 7 beneficiary alleging that the Rice was procured deceptively or l'ith a criminal intent, charging the petitioners for prosecution is u rtenable and improper. The allegations leveled against the pet t tners cannot be sustained. Further, this Court in Crl.P.Nos.570t of 2019 and 33493 of 2015 while considering the same situatiorr categorically observed that the offences alleged against the petit tners therein cannot be continued and quashed the proc= tdings. The petitioners herein are also entitled to the same re i rf and hence prayed to quash the proceedings against the petitiorr rrs.

5. The learned Additional Public Prosecutor h rs submitted that as per prosecution, the offences said to have been committed by the petitioner is cheating and violatior rf Sections 7 and 8 of the Essential Commodities Act, 1951i and hence requested to pass appropriate orders.

6. Perused the material available on record

7. Sections 7 and 8 of the Essential Conr rodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential corr .nodities or sF i-""{r' 3 ETO,J Crl.P,No 15529 2025 abetment in this regard, is punishable. As per the prosecution, the petitioners herein have procured PDS rice from the ration card holders after supply from lhe dealer.

8. A Coordinate Bench of this Court in Crl.P No.722T of 2025 has considered the identical facts and observed that:- / "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to parl with the supptied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or convefted to their own use or used it in violation of a lawful direction or contract- ln the absence of essenlra/ factors, on the face of prosecution, this Couti finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the pefulloners 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 flnds 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 petitioner herein.

10. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.1342 of 2022, on the file of the learned Judiciat 4 EID,] C.l.P-No 155,19 2025 at 'l Magistrate of First Class, Special Mobile Court at Ni :amabad, are hereby quashed 11 . Miscellaneous petitions pending, if any, shall s and closed //TRUE COPY// SD/- B.G. VYJAYANTHI ASSI:S IANT REGISTRAR I ECTION OFFICER To, 1 The Judicial Magistrate of First Class, Special Mobile Co I iat Nizamabad District

2. The SHO Town lV Police Station, Nizamabad, Nizamab'a. Distrrct. 3 One CC to SRI GAJE RAGHU Advocate [OPUC] 4 Two Copies to PUBLIC PROSECUTOR, High Court for tlr State of Telangana at Hyderabad [OUT]

5. Two CD Copies PKT? S L q HIGH COURT DATED:2611112025 CRLP.No.15529 of 2025 __ -:: lr*LAt 1 ( -k.\,' s\ ( C,) u.o I !r CRIMINAL PEITITION IS ALLOWED AND THI: PROCEEDINGS AGAINST THE PETITIONER]: /ACCUSED NO. 1, & 2. ARE HEREBY QUASHED. Jb