The High Court · 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 quash the proceedings in CC No. 15 of 2023 on the file of the Additional Judicial lVlagistrate of First Class at Bodhan in so far as petition er/Accused and pass such other order or orders as this Court may deem fit and proper in the interest of .lustice. l.A. NO: 2OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings against the petitioners/Accused in CC No. 15 of 2023 on the file of the Additional Judicial Ivlagistrate of First Class at Bodhan pending disposal of the main criminal petition and pass such other order or orders as this Court may deem fit and proper in the interest of .lustice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. A. Divakar Reddy, Advocate for the Petitioner and the Mr. Jithendar Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No. 1 and of None appeared for the Respondent No. 2. The Court made the following: ORDER IN THE HIGI{ COURT FOR fHE STATE OF "ELANGANA AT HYDERABAD .tHE IiONOUR BLE Szu JUSTTCE J.SREEI TIVAS RAO CRIMINAL PETII'ION No.169l8 of i025 Date: 17.12.2025 Betlveen Shaik Moinuddin AND Petitioner The State of 'felangana, Rep. by the Public Prosecutor, lJigh Court at l{yderabad lor the State ol Telangana and another ..Respondents ORDER 'fhis Criminal Petition has been filed seekir u to quash the proceedings in C.C.No.l5 of 2023, on thc t Ie of leamed Additional Judicial Magistratc of First Class at [i ,dhan, wherein the petitioner was anayed as accused, for the offtr ces punishable under Section 420 ol the Indian Penal Code, I860 ( br short 'lPC') and Section 7 of the Essential Commodities Act, 955 (for short 'EC Act') 2

2. Irleard Mr.A.Divakar Reddy, leamed counsel for the petitioner and Mr.Jithendar Rao Veerarnalla, leamed Additional Public Prosecutor for respondent No.1

3. The specific allegation against the petitioner/accused is that he has procured PDS rice fro u'r thc bcneficiaries at cheaper ratc to sell the same for profit and on 1 5. I 1 .2022 at about I 2: I 5 hours, the petitioner was lound in possession of 15 plastic bags of PDS rice totalling 7.50 quintals

4. Learned counsel lor the petitioner would subrnit that without there being any complaint frotn any beneficiary, alleging that the nce was procured deceptively or with a criminal intent and charging the petitioner lor prosecution is untenable and improper. The allegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Crl.P.Nos.5709 of 2019 and 3349 of 20t5, while considering the same situation, categorically observed that the offences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner. 3

5. The leamed Additional Public Prosecutor sub nits that as per prosecution, the olfences said to have been corr ntittcd by the petitioner is cheating and violation of Section 7 of t re EC Act and requested to pass appropriate orders

6. Section 7 of the EC Act contemplate tlr.t airy person contravenes rvith the production, supply, distributic n and trade of essentiaI commodities, is punishable. As per the 't osccution, the petitioner has procured PDS rice lrom thc bcn,,trciaries after supply fiom the dealer

1. A Coordinate Bench of this Court in Crl.P.Nr .1221 of 2025 has considered the identical facts and observed that " l'here i.r nL) qrerutent in(licding thd thc petitioru:r i leceptivlt' inrluced lhe beneficiaries to part \)ilh lhe suppli, or tlru bcna.ficiary a trusted the PDS rice purchased b_v t,t pctitioncr und thcy clishonestly misuppropriated or conrLt otrtt ,rst or u\ed it in violcttion of u luwful direclion or cort absencc o[cssentk factors, on the face ofprosecLttion, tltii it to be u .fit cuse lo excrcise lhe juri,\diction Ltnder Sc'ctitDt .i 2023. 'l'hus, continuance ofproceedings against tha patiti,tt of proca.ss of luu"'. trll) \1)Lly d PDS rice cd t0 their LLl ln lhe lourt finds 8 o/8AISS,

8. The lacts and circumstances of the present ca ie also similar to those in the above case and hence, this Court firr, ls it to be a fit case to exercise jurisdiction under Section 528 of BNSS by 4 applying the sarne analogy and to quash the proceedings against the petitioner herein.

9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.l5 of 2023, on the fite of leamed Additional Judicial Magistrate of First Class at Bodhan, against the petitioner/accused, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed To, SD/. MOHD. ISMAIL DEPUTY REGISTRAR //TRUE COPY// CTION OFFICER

1. The Additional Judicial I\Iagistrate of First Class at Bodhan. 2 The Station House Offlcer, Varnr Police Station Nizamabad District 3, Two CCs to the Public Prosecutor, State of Telangana, High Court Buildings, at Hyderabad (OUT)

4. One CC to Mr. A. Divakar Reddy, Advocate IOPUC] 5. Two CD CoPies DL/PSL '(i HIGH COURT DATED:1711212025 ORDER CRLP.No.16918 of 2025 t ,3 .\ \ : SIAIi- (-/ 0F-[ ?ui \' -ir '(). :' -. ALLOWING THE CRIMINAL PETITION |. t i eRt' v'- -/,rrj ).'' .rir'