The High Court · 2025

THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 15678 OF 2025 Between:

1. Shaik Abbas, S/o. Jamal, Aged 25 years, Occ. Driver, Ryo. H.No.9-20-251.1 , Dairy faram, Nizamabad Town and District. pincode. 503001.

2. Sawai Akash, S/o. Ashok, Aged 25 years, Occ. Business, Fl/o. H.No. 10-13-2961224, Dairy faram, Nizamabad Town and District. pincode. 503001 . 3. Afroz Khan, S/o. lsmil Khan, Aged 23 years, Occ. Business, R/o. H.No. 11-1-1475, Chandrashekar colony, Nizamabad Town and District. pincode. 503001. ...Petitioners/Accused No.1 to 3 AND

1. The State of Telangana, Telangana, at Hyderabad Sri A. Mahesh Kumar, UDRI (CS), Yedapally, Nizamabad District, pincode 503202 Rep. by its Public Prosecutor, High Court of 2 .Respondents/Complai nant 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. 284 of 2025, on the file of the Court of the I Additional Judicial Magistrate of First Class at Bodhan. l.A. NO: 2OF 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 fu(her proceedings in C.C. No.284 of 2025, on the file of the Court of the I Additional Judicial Magistrate of First Class at Bodhan, 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 perusrng .he ftrlemorandum of Grounds of Criminal Petition and upon hearing the argumen s of Sri Gaje Raghu, Advocate for the Petitioners and Sri V.Jithender Ra<, Additional Public Prosecutor on behalf of the Respondent No1 . The Court made the following: ORDER ,// // ./t THE HON'BLE SMT.JUSTICE TIRUMALA DEVI EADA CR|MINAL PETITION No.15678 of 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.284 of 2025, on the file of the learned I Additional Judicial Magistrate of First Class at Bodhan, registered for the offences punishable under Section 318(4) read with 3(5) of BNS, Section 7 of Essential Commodities Act, 1955 and Section 17(e) of Telangana Public Distribution System (Control) Order, 2016.

2. Heard Sri G.Raghu, learned counsel for the petitioners/accused 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 is that they procured PDS Rice from various locals of Nizambad town at cheaper rate to sell the same for profit and on 09.12.2024 at 15:30 hours, the petitioners were found in possession of 74 bags of PDS rice weighing about 32.30 Quintals l \ 2 ETO,J Crl.P No 15678_2025

4. Leamed counsel for the petitioners would urther submit that without there being any complaint from a r y beneficiary alleging that the Rice was procured deceptively ol rith a criminal intent, charging the petitioners for prosecution is I ntenable and improper. The allegations leveled against the peti. oners cannot be sustained. Further, this Court in Crl.p.Nos.S7()r r of 2019 and 33493 of 20'15 while considering the same situatior categorically observed that the offences alleged against the petil oners therein cannot be continued and quashed the pro(x edings. The petitioners herein are also entitled to the same rel -=f and hence prayed to quash the proceedings against the petitior ers.

5. The learned Additional Public Prosecutor l-as submitted that as per prosecution, the offences said t: have been committed by the petitioner is cheating and violalion of Sections 7 and 8 of the Essential Commodities Act, 1g5t and hence requested to pass appropriate orders.

6. Perused the material available on record 7 . Sections 7 and 8 of the Essential Corr nodities Act contemplate that any person contravenes with ttr: production, supply, distribution and trade of essential cor rmodities or / ./' 3 ETDJ Crl.P.No.15678_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.

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 part with the supptied PDS rice or the beneficiary entrusted the pDS rice purchased by them with the petitioners and they dishonestty misappropriated or conveded to their own use or used it in violation of a lawful direction or contract. ln the absence of essenfra/ 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 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 4 EID,J crl.P.No.15678 2025 C.C.No.284 of 2025, on the file of the learned I Add I onal Judicial Magistrate of First Class at Bodhan, are hereby qua s red.

11. Miscellaneous petitions pending, if any, shall r; and closed //TRUE COPY// SI /. L, VIJAYA LAXMI ASSI! IANT REGISTRAR ,t TION OFFICER To, I 2 3 4 The I Additional Judicial Magistrate of First Class, at Bo j tan. The Station House Officer, Yedapally Police Station, Ni,:i mabad District One CC to Sri. Gaje Raghu, Advocate [OPUC] Two CCs to Public Prosecutor, High Court for the State c t Telangana. [OUT] Two CD Copies. Yln u HIGH COURT DATED:2811112025 ORDER CRLP.No.15678 ot 2025 (\ \) TA C; ,J ( 1 Ail 2{[6 I '" /) * * \ ( I AT c ALLOWING OF THE CRIMINAL PETITION. )1

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