The High Court · 2025

3. Pothuganti Srinivas @ Pallella Srinivas, S/o Venkateswarlu, Aged about 50 years, Occ: Peanut Business, Rl/o. Gandhinagar, Miryalguda, Nalgonda District.

4. Kommana Pattabi Ramaiah, S/o Jagapathi Rao, Aged about 50 years, Occ: Business, RJo Shanthinagar, Miryalguda, Nalgonda District. AND .PETITIONERS/A.1, A.3, A.7 & A-9 'l . The State of Telangana, Rep by its Public Prosecutor, High Court of the State of Telangana at Hyderabad 2. K. Naresh,, S/o Not known to the petitioners Aged Major, Occ: Sub lnspector of Police, Miryalguda Rural Police Station Nalgonda District -508207. ..RESPONDENT NO.2/COMPLAINANT Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to pleased to call for the records in CC No.166 of 2025 on the file of :.!.\ :i:.. ll Addl. Judicial First Class l/agistrate at Miryalguda and quash the same. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to stay of all further proceedings against the petitioners/ A-1, A-3, A-7 & A-9 in CC No.166 of 2025 on the file of . . .. ll Addl. Judicial First Class Magistrate at Miryalguda pending disposal of the Criminal Petition. This Peiition coming on for hearing, upon perusing re ft,lemorandum of ^ Grounds of criminal Petition and upon hearing the aig rments of Sri cH. RAVINDER, Advocate for the petitioner and Mr. V. Jitnen,i, r Raothe Additionat Public Prosecutor on beharf of the Respondent No.1 anc none appeared for Respondent no.2. The Court made the following: ORDER ) a IN THE HIGH COURT FOR THE STATE OF TELANGANA AT IIYDERABAI) THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO CRIMINAL PETITION No.L67l2 of 20125 Date:15.12.2() 25 Between: Dhanavath Narendar Naik ald three others 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. 166 of 2025, on the hle of II Additional Judicia_l First Class Magistrate at Miryalguda, wherein the petitioners were arrayed as accused Nos. 1, 3, 7 and 9, for the offence punishable under Sections 318(4) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS) and Section 7 of Essentia_l Commodities Act, 1955 (for short .EC ActJ. l I \ ++Fa! 2 JSR, J Crlp-l6704 2025 - 2. Heard Sri Ch.Ravinder, learned cour sel for the petitioners and Mr.V.Jithendar Rao, learnr:, I Additional Public Prosecutor for respondent No. 1

3. The specilic allegation agrr nst petitioners/accused Nos. 1, 3,7 and 9 is th Lt they have procured PDS rice from the beneficiaries at :heaper rate to sell the same for profit and on 12.O8.2O 24 at about

16.O0 hours, the petitioners were found in c tssession of 393 bags of PDS rice totalling 200 quintals.

4. Learned counsel for the petitioners woul< submit that without there being any complaint from ar5 beneficiaqr, aileging that the rice was procured deceptir', ly or with a criminal intent and charging the pe 1 .tioners for prosecution is untenable and improper. Tht allegations, even taken at their face value cannot be sust.i ined against the petitioners. Further, this Court, in Crl. r Nos.5709 of 2019 and 3349 of 2015, while considerir g the same situation, categorically observed that the of.i nces alleged against the petitioners therein could not be cr ntinued and ;,- 3 JSR, J Crlp_16704_2025 accordingly quashed the proceedings. The petitioners are also entitled to the sarne relief and hence prayed to quash the proceedings against the petitioners.

5. The learned Additiona-l Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders.

6. Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities in this regard 1S punishable. As per the prosecution, the petitioners have procured PDS rice from the benehciaries after supply from the dealer. I I

7. A Coordinate Bench of this Court in Crl.P.No'7227 of 2O25 has considered the identica-l facts and observed that: I t "There is no auement indicating that the petitioner in ang utag deceptiuetg induced the beneficiaies to part uLith the supplied PDS rice or the benefciory entrusted the PDS ice purchosed bg them with the petitioner and they dislanestlg misappropiated --x 4 JSR, J Crlp_16704_2025 or conuerted to their otun use or used it in uiolotion o1 direction or contract. In the absence of essential factt face of prosecutiory this Court find.s it to be a Jil exerci.se the jurisdiction under Section S2g of BNS Thus, continuance of proceedings again_st the pet abuse of process of Ia uL". a lawful s, on the ca.se to ;, 2023. 'ioner is

8. The facts and circumstances of the prer; )nt case a_lso similar to those in the above case and hen<: :, this Court frnds it to be a fit case to exercise jurisrl ction under Section 528 of BNSS by applying the same ar alory ard to quash the proceedings against the petitioners rerein.

9. Accordingly, the Crimina_l petition is all> ved and the proceedings in C.C.No.166 of 2025, on tte lile of II Additional Judicial First Class Magistrate ar Miryalguda, against the petitioners/accused Nos. 1, J 7 and 9, a-re hereby quashed. Pending miscellaneous applications, i. any, shall stand closed. To, Sd/. U. SUDHA ASSI ;TANT REGISTRAR T //TRUE COPY// . SECTION OFFICER \ \ '\ District.

1. The Additionat Judicial Firs_t Class Magistrate at Miryala yuda. 2. The Station House Officer, Miryalagudahur"i p"ii"" Stati rn, Nalgonda 3. One CC to SRt CH RAVINDER Advocate topt,cl 4. Two CCs to The public prosecutor,High Ctr.t oiifru Sta.( of Telangana at _ High Court Buitdings, Hyderabad (OUi) 5. lwo CD Copies -],-!- -,1 < I." ' HCRK/PR HIGH COURT DATED:1 511212025 : ldtr.) rA Jr|l 20i6 o.i:,,',t\ ;:: ii . i,' /l -:,_.,/ rJ J : ORDER CRLP.No.16712 ot 2025 CRIMINAL PETITION IS ALLOWED. Y.,,!;, 7 J