The High Court · 2025

2. Sri. T. Srinivas,, Sub-lnspector. Velgatoor P.S, Jagtral District. Pincode 505526 ...RES'.NDENT/..M'LA,NANT Petition under Section 528 of BNSS praying that in the crrcumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the impugned proceedings in C.C.No. 1338 of 2022, on the file of the Judicial Magistrate of First Class at Dharmapuri. l.A. NO:2OF 2025 Petrtion under Section 528 of BNSS praytng that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to grant interim STAY of al I further proceedings in C.C.No. 1338 of 2022, on the file of the Judicial lvlagistrate of First Class at Dharmapuri., including appearance and attendance of the petitioners/Accused Nos. 1 to 3, pending disposal of the above Criminal petition This Petition coming on for hearing, upon perusing Ie t\/lemorandum of Grounds of Criminal Petition and upon hearing the argumen:r cf Sri G. RAGHU, Advocate for the Petitioners and Sri Jithender Rao Veererr r.alla. Addl. public Prosecutor on behalf of the Respondent No.'1 The Court made the following: ORDER -*-- THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CRIMlNAL PETITI ON No.15551 ot 2025 ORDER:- 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.1338 oi 2022, on the file of the learned Judicial Magistrate of First Class at Dharmapuri, registered for the offences punishable under Section 420 of IPC and Section 7 of Essential Commodities Act, 1955.

2. Heard Sri G.Raghu, learned counsel for the petitioners/accused Nos.'l to 3 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 to 3 is that they procured PDS Rice from the card holders at cheaper rate to sell the same for profit and on 14.10.2020 al

10.00 hours, the petitioners were found in possession of 24 bags of PDS rice weighing about 11 Quintals. ,/ 2 ETO,] Cd.P No.15551 2025

4. Learned counsel for the petitioners would I -rrther submit that without there being any complaint from ar y beneficiary alleging that the Rice was procured deceptively or vith a criminal intent, charging the petitioners for prosecution is t nteniable and improper. The allegations leveled against the pet I oners cannot be sustained. Further, this Court in Crl.P.Nos.57C\ of 2019 and 33493 of 2015 while considering the same situation ,:ategorically observed that the offences alleged against the pet t cners therein cannot be continued and quashed the procr edings. The petitioners herein are also entitled to the same reli ;f and hence prayed to quash the proceedings against the petitior :rs.

5. The learned Additional Public Prosecutor 1ls sr.rbmitted that as per prosecution, the offences said trt hav'e been committed by the petitioner is cheating and violatiorr :f Serctions 7 and 8 of the Essential Commodities Act, 1 958 ancl hence requested to pass appropriate orders.

6. Perused the material available on record. 7 . Sections 7 and B of the Essential Conr nodities Act contemplate that any person contravenes with tlrr production, supply, distribution and trade of essential con modities or ,-... 3 ETO,I Crl.P No.15551 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 the dealer. \

8. A Coordinate Bench of this Court in Crl.p.No.7227 of 2O2S has considered the identical facts and observed that:- "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to paft with the supplied PDS rice or the beneficiary entrusted the pDS rice purchased by them with the petitioners and they dishonestty misappropriated or convefted to their own use or used it in violation of a lawfut direction or contract. ln the absence of 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 ls 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 finds it to be a fit case to exercise jurisdiction under Section 52g 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 to 3 in 4 ETO,I Crl.P No.15551 2025 C.C.No.'1 338 of 2022, on the file of the lerr ned Judicial Magistrate of First Class at Dharmapuri, are hereby luashed.

11. Miscellaneous petitions pending, if any, shall s :and closed A SI), . L. VIJAYA LAXMI IS I-ANT REGISTRAR \\t\ .- ,_ \ //TRUE COPYi/ ,L"r,o* oFFrcER To,

1. The Judicial First Class lvlagistrate at Dharmapuri. 2. The SHO, PS Velgatoor, Jagityal District. 3 One CC to SRI GAJE RAGHU Advocate [OPUC] 4 Two ccs to PUBLIG PRosEcuToR iouti+ic,',r Lc,'c I c,f f€Lt+ ^EAN4'bu, 5. Two CD Copies GE @l-- HIGH COURT DATED:2611112025 ORDER CRLP.No.15551 of 2025 -.-.- : ko('' SI.{ C) , 0 I\R lat^ ALLOWING THE CRLP WITHOUT COSTS \>\ LL a r{r ,\ >