The High Court · 2025

2. Sri.Bhulokam Vijaykanth Rao,, S/o. Late Chalapathi, Aged. 32 years, Caste. 9chedule Caste, Occ. Deputy Tahsildar Civil Supplies,b/o. Disiria Supplies, Nizamabad. R/o. H.No.6-3-47, Jagjeevan Ram Nigar, Nizantabad. -503001 ...Respondent No.1/ Respondent ..RESPONDENT No.2/DE FACTO 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 quash the proceedings in CC No.2222 OF 2021 , dated 18-09-2021 , on the file of ll Additional Judicial First Class Magistrate, At Nizamabad. 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 grant stay of all further proceedings against the Petitioners/Accused No.1 & 2, in CC.No.2222 OF 2021, dated 18-09-2021, on the file of ll Additional Judicial First Class Magistrate, At Nizamabad; pending disposal of the main quash proceedings in the interest of justice This Pr:tition coming on for hearing, upon perusing the Memorandum of Grounds of C:riminal Petition and upon hearing the arguments of Sri MAHMAD the petitioner and Mr. NAYEEMODI)IN, Advocate for Jithender Rac Veeramalla, the Additional Public Prosecutor (TG) on behalf of the Respondent trlo.1 and None appeared for the Respondent No.2. The Court made the following: ORDER a IN THE HIGH COURT FOR THE STATE OF TELAITGANA AT HYDERABAI) THE HONOURABLE SRI JUSTICE J.SREENTVASIRAO PEIITION No.l Date: 23.L2.2O25, Between: Shaik Javeed and another AND ...Petitioners The State of Telanga.na, Rep. by its Public Prosecutor High Court of Telang€ura, At Hyderabad and another ...Respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.2222 of 2021, on the file of II Additional Judicial First Class Magistrate at Nizamabad, wherein tl'e petitioners were arrayed as accused Nos.l and 2, for the offence punishable under Section 42O of Indian a Penal Code and Section 7 of Essential Commodities Act,

1955. \ -t!--\ Tl 2 JSR, J Crlp 17427 2025 2. Heard Mr. Mahmad Nayeemoddin, learned counsel for the petil-ioners and Mr.V.Jithendar Rao, learned Additional Public Prosecutor for respondent No. 1.

3. Th,: specific allegation against the petitioners/ accused Nos. 1 and 2 is that they have procured PDS rice from tht: beneficiaries at cheaper rate to sell the same for profit and on 19.08.2021 at about 16.00 hours, the petitione:rs were found in possession of 56 bags of PDS rice totalling 30.85 quintals.

4. l,earrned counsel for the petitioners would 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 petitioners for prosecution is untenable and improper. The allegations, even taken at a their fac,: value cannot be sustained against the petitioners. Further, this Court, in Crl.P.Nos.57O9 of 2OL9 and 3349 of 2O15, while considering the same situation, categorically observed f6Ii the offences alleged against the petitioners therein r:ould not be continued and accordingly quashed 3 JS& J Crlp-17427]025 the proceedings. The petitioners are also entitled to the sarne relief and hence prayed to quash the lprdceedings against the petitioners.

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

6. Section 7 of the EC Act contemplate that person contravenes with the production, supply, distri trade of essential commodities in this regard is As per the prosecution, the petitioners have PDS rice from the beneficiaries after supply from the

7. A Coordinate Bench of this Court in Crl.P .Nd. 7227 of 2025 has considered the identical facts and ob that: I I "There is &o auerment indicating that the petitioner in ang deceptiublg induced the beneftciartes to part uith the PDS rice or the beneficiary entrusted the PDS rice th.em uith the petitioner and theg dishonestlg or conuerted to their ou)n use or used it in uiolqtion of a direction or contract. In the absence of essential factors, face of prosectttion, this Court ftnds it to be a Jit ca.se to tru juri"sdiction under Section 528 of B/VSS, 2023. 4 ^i JSR, J Crlp_rl427]025 contirutance of proceedings against the petitioner is abuse of pro(:ess of law". 8, The facts and circumstances of the present case also similar to those in the above case and hence, this Court Iinds it to be a fit case to exercise jurisdiction under Section 528 of BNSS by applying the same analogr and to quash the pro,ceedings against the petitioners herein.

9. Ac:cordingly, the Criminal Petition is allowed and the proceeclings in C.C.No.2222 of 2021, on the file of II Additio:ral Judicial First class Magistrate at Nizamabad, against the petitioners/accused Nos.1 and 2, are hereby quashe,l. Pending miscellaneous applications, if arly, shall stand c losed. SD/- A S GOWRI SHANKAR REGISTRAR I //TRUE COPY// SECTION OFFICER To,

1. The llAddl. First Class Magistrate at Nizamabad. 2' The Station Hgqqg.officer,-Nizamabad nurai porice Station, Nizamabad Dist. 3- one cc: to sRt MAHMAD NAyEEMoooitt, Aovolate topUCi-- -- - 4. Two CCs to the ADDITIONAL PUBLIc pnosEcu-foi, Hidn-bourt of TS at _ Hysdererbad [OUT] 5. Two CD Copies sM/ABr( l- X S HIGH COURT DATED i :2311212025 ORDER CRLP.No.17427 of 2A25 I I i) J a$ JrNll ffi +. +&-a..'r+ * ..!..d ALLOWING THE CRIMINAL PETITION lT,s a/ fe-a I a