The High Court · 2025

Telangana, Rep.by its Public Prosecutor High Court at

2. Shriram Suresh Kumar, Son of Siddaiahj, Tahasildar (CS) Patancheru, Rl./o. H.No.9-54,/i Sanga Reddy District. ...1 "t RespondenUComplainant Age. 50 Years, Occ. Deputy , Vidya Naghr, Pothireddypalli, ...2nd RespondenUComplainant Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the lVemorandum of Grounds of Criminal petition, the High Court may be pleased to call for the records in connection with C.C.NO. 4341 of 2022 on the file of the Court of the Judicial Magistrate of First Class at Zahirabad of Sanga Reddy District and quash the C.C.NO. 4347 of 2022 against the petitioners herein. l.A. NO: 2 OF 2025 Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the lVemorandum of Grounds of Criminal Petition, the High Court may be pleased to Stay of all further proceedings including appearance of the petitioners in C.C.NO. 4347 of 2022 on the file of the court of the Judicial Magistrate of First class at Zahirabad of Sanga Reddy District, pending disposat of the main Crl. Petition and pass. W This Petition coming on for hearing, upon perusing :he Memorandum of Grounds of Criminal Petition and upon hearing :he arguments of Sri Somavarapu Satyanarayana, Advocate for the Petition: and Sri V.Jithender Rao, Additional Public Prosecutor on behalf of the Respc r Cent No.1 and none appeared for the Respondent No.2. The Court made the following: ORDER THE HON'BLE SMT.JUSTICE TIRUMALA DEV! EADA CRIMINAL PETITION No.15677 of 202 5 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.4347 ot 2022, on the file of the learned Judicial Magistrate of First Class at Zahirabad of Sanga Reddy District, registered for the offences punishable under Section 420 of IPC and Section 7 of Essential Commodities Act, '1955. '

2. Heard Sri Somavarapu Satyanarayana, learned counsel for the petitionersiaccused Nos.1 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.'l to 3 is that they procured PDS Rice from ration card holders in Hyderabad surrounding areas at cheaper rate to sell the same for profit and on 08.08.2022 at 20:00 hours, the petitioners were found in possession of 580 bags of PDS rice weighing about 232 Quintals. -- 2 €TD,I Lrl.p_No.15677 2025 .- \:..."1 \. \

4. Learned counsel for the petitioners would urther submit that without there being any complaint from rrr y beneficiary alleging that the Rice was procured deceptively or yith a criminal intent, charging the petitioners for prosecution is r ntenable and improper. The allegations leveled against the peli oners cannot be sustained. Further, this Court in Crl.P.Nos.570,, of 2019 and 33493 of 2015 while considering the same situatio- categorically observed that the offences alleged against the petil oners therein cannot be continued and quashed the pro<r edings. The petitioners herein is also entitled to the same re i :f and hence prayed to o.rash the proceedings against the petitior :rs.

5. The learned Additional Public prosecutor r ts submitted that as per prosecution, the offences said t,; have been committed by the petitioners is cheating and violati: I of Sections 7 and B of the Essential Commodities Act, .igtil and hence requested to pass appropriate orders.

6. Perused the material availabie on record.

7. Sections 7 and B of the Essential Conrr rodities Act contemplatc that any perscn contravenes with tl- ( production, supply, distribution and traCe of essenfial corr modities or 3 EIO,J Crl.P.No-15677 2025 abetment in this regard, is punishable. As per the prosecution, the petitioners herein had procured PDS rice from the beneficiaries after supply from the dealer. t I B. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that:- "There is no averment indicating that the petitioners in any way deceptvely induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or converted to their own use or used it in violation of a lavvful 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 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 Cou( 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.

10. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners/accused Nos.1 to 3 in C.C.No.4347 of 2022, on the file of the learned Judicial I I I : 4 EIDJ Crl.P.No.15677_2025 \-\ ---1 \:, \ Magistrate of First Class at Zahirabad of Sanga r eddy District, are hereby quashed 11 . Miscellaneous petitions pending, if any, shall r tand closed. //TRUE COPY// SD/. C.DEEPIKA AI; ;ITANT REGISTRAR I / <-; \-. SECTION OFFICER To, &

1. The Judicial First Class Magistrate, at Zaheerabad of Sa 2. The Station House Officer, Chiragpally Police Station, [;i 3. One CC to Sri. Somavarapu Satyanarayana, Advocate I 4. Two CCs to Public Prosecutor, High Court for the State r 5. Two CD Copies. rga Reddy District. nga Reddy District. )PUC] f Telangana. [OUT] YIR . I I I l I I i HIGH COURT ETD, J I DATED:28111t2025 ,r1 '' -,i)a ? 2 tL[ 265 :. ,1.... -i:., --- - --,;t" ORDER CRLP.No.156T7 ot ZO2S DISPOSING OF THE CRIMINAL PETITI( N. g