The High Court · 2025

Karthik, S/o. Srinivas, Aged 20 years, Occ: Business, IMustafa Nagar, Khammam Town and District. Pincode ...Petitioners/Accused No. 1 and 2 AND

1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad

2. Sri. M. Venkateshwarlu,, Occ: Deputy Tahsildhar (CS), Khammam Town and District. Pincode- 507001 . ...Respondents/Complainant 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. 1782ot2025, on the file of the ll Additional Judicial Magistrate of First Class at Khammpm. a 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. 1782 of 2025, on the file of the ll Additional Judicial Magistrate of First Ctass at Khammam., including appearance and attendance of the petitioners/Accused Nos. 1 and2, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gaje Raghu ,Advocate for the Petitioners and Sri Jithender Rao Veeramalta, the Additional Public Prosectttor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2 The Gourt made the following: ORDER . / HI THE AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO CRIMIN PETITION No. of 2025 Datez 10.12.2025 Between: Pillalamarri Harilaishna and another AND ...petitioners The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, At Hyderabad and another .respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in C.c.No.l782 of 2025, on the file of II Additional Judicial Magistrate of First class at-Khammam, wherein the petitioners were arrayed as accused Nos.l and 2, for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhitha, a 2023 (for short 'BNS') and Section 7 of Essential cornmodities Act, 1955 (for short 'EC Act'). 2- Heard sri G.Raghu, learned counsel for the petitibners and Mr.v.Jithendar Rao, learned Additional public prosecutor for *- respondent No.1. -.\- t 2 a JS& J Crlp_16396_2025 3- '[he specific ailegation against the petitionervaccused Nos.r and2 is that they have procured pDS rice from the beneficiaries at cheape'rate to sell the same for profit and on 13.03.2025 at about l:00 hours, the petitioners were found in possession of 50 bags of PDS rice totalling l5 quintals. 4' L'3sr,ed counsel for the petitioners would submit that without there being any compraint from any beneficiary, aileging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenabre and improper. The allegatio,s, even taken at their face valub cannot be sustained against tire petitioners. Further, this court, in crl.p.Nos.5709 of 2019 ancl 3349 of 2015, while considering the same situation, categorically observed that the offences aileged against the petitionen; therein could not be continued and accordingly quashed the proceedings. The petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners.

5. The leamed Additionar pubric prosecutor submits that as per prosecutio,, the offence said to have been committed by the petitioners is cheating and vioration of section 7 of the EC Act and requested to pass appropriate orders. - a t I 3 JSR, J 6396J02s Section 7 of the EC Act contemplate that any person Crlp_f

6. contravenes with the production, supply, distribution and trade of essential commodities in this regard is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer.

7. A Coordinate Bench of this Court in Crt.P.No.7ZZ7 of 2025 has considered the identical facts and observed that: 0 I "There is no averment indicating that the petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the Wtitioner and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or contrfcf. In the absence of essential factors, on the face of prosecution, thls Courtfinds it to be afit case to exercise the jurisdiction under Sectbn 528 of BNSS, 2023. Thus, continuance of proceedings against the petilioner is abuse of process of law".

8. The facts and circumstances of thg present case al$o similar to those in the above case and hence, this court finds it do be a fit case to exercise jurisdiction under Section 5ZB of BNSS by a applying the same analogy and to quash the proceedings against the petitioners herein.

9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.17.82 af'2025, on the file of II Additional 4 JS& J Crlp_16396)025 ^ Judicial Magistrate of First class at Khammam, against the petitioners/accused Nos.l and2, are hereby quashed. ['ending miscellaneous applications, if &ay, shall stand closed. //TRUE COPY/ sd/- . PONNA KRISHNA REGISTRAR N OFFICER To,

1. The ll Additional Judicial Magistrate of First Class 2. The lll t\dditional Judicial First Class Magistrate at Khammam 3. The Station House Officer, Khanpur Haveli Police Station, Khammam 4. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderatrad.(OUT)

5. One CC to Sri Gaje Raghu, Advocate IOPUC] 6. Two CD Copies TTS/Sa Tks a HIGH COURT DATED:1011212025 THE Sjr4 ( C) ? 3 JAt{ 2026 ,{ I ORDER CRLP.No.1639G of 2025 ALLOWIN(3 THE CRIMINAL PETITION q ?--- J t(S a//ze a : i ! I I I