The High Court · 2025

The State of Telangana, Rep. By its Public Prosecutor High Court of Telangana at Hyderabad D. Venkateshwarlu, Working as ASI/17'13 of PS Velair Warangal CITY and District ...Petitioner/Accused ...RespondenUDe-facto Complaina nt Pptition under Section 528 of BNSS praying that in the circumstances stated rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C. No. 1 157 of 2021 on the file of the court of the lV Additional Junror Civil Judge-cum-lV Additional Judicial Magistrate of First Class (Juvenile Court) at Hanumakonda against the Petitioner/Accused. 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 including the appearance of the petitioner/ accused in C.C. No. 1157 of 2021 on the file of the court of the lV Additional Junior Civil Judge-cum-lV Additional Judicial lrlagistrate of First Class (Juvenile Court) at Hanumakonda, pending disposal of the above criminal petition. '=rrltrrliltt/ -.4'j,, ./ This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C Vivekanand, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.1 and none appeared for the Respondent No.2 The Court made the following: ORDER I I I IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.17342 of 2025 Date:29.12.2025 Betwee n: [/ludavath Narsimhulu . . Petitioner AND The State of Telangana, Represented by its Public Prosecutor, High Court of Telangana at Hyderabad and another ... Respondents ORDER This Criminal petition is filed by the petitioner/accused under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in C.C.No.1'157 of 2021 on the file of the learned lV Additional Junior Civil Judge-cum- lV Additional Judicial Magistrate of First Class (Juvenile Court) at Hanumakonda, registered for the offences punishable under Sections 420 of The lndian Penal Code, 1860 (for short'lPC') and Sections 7 and 17 (e) of the Essential Commodities Act, 1955 I 2

2. Heard Sri C. Vivekanand, learned counsel for the petitioner as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.

3. Learned counsel for the petitioner submits that the specific allegation against the petitioner is that he has piocured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 23.01 .2021 al about 17:00 Hrs, the petitioner was found in possession of 38 quintals of PDS rice 4. Learned counsel for the petitioner would further submit that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper The allegations on their face value cannot be sustained against the petitioners. Further, this Court in Crl.P Nos.5709 of 2019 and 33493 of 2015 while considering the same srtuation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner. 5. The learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the 3 petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 and requested to pass appropriate orders

6. Perused the material available on record 7. Section 7 of the Essential Commodities Act contemplate that any person 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 lhe dealer

8. A Coordinate Bench of this Court in Crl,P No.7227 of 2025 has ( I considered the identical facts and observed that "There is no averment indicating that the petitroners 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 petitioners and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful 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.iurisdiction 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 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 by applying the same analogy and to quash the proceedings against the petitioner herein. 4

10. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.1 157 ot 2021 on the file of the learned lV Additional Junior Civil Judge-cum-lV Additional Judicial lVagistrate of First Class (Juvenile Court) at Hanumakonda, against the petitioner- accused, are hereby quashed. Miscellaneous petitions, pending if any, shall stand closed SD/- A. SREENIVASA REDDY ASSI TANT REGISTRAR ,TRUE COPY// CTION OFFICER \ To,

1. The lV Additional Junior Civil Judge-cum-lV Additional Judicial Magistrate of First Class (Juvenile Court) at Hanumakonda

2. The Station House Officer, Velair Police Station, Warangal 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana at Hyderabad (OUT)

4. One CC to SRI C VIVEKANAND, Advocate [OPUC] 5 Two CD Copies 6) ADK/PSL HIGH COUR]' DATED:2911212025 ORDER CRLP.No.17342 of 2025 t * o ., IHE S t u,-. 1 3 [[B 2026 * ALLOWING THE CRLP E r1 0 r)ra