The High Court · 2025

1, The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana at Hyderabad ...RESPONDENT No. 1/COMPLAINANT

2. Ch. Ravinder, HC-2956, S/o. not know, Age. 56 years, Occ. Police Officer, Rl/o. Nellikudur Mandal, Mahabubabad Diskict, Telangana State ...RESPONDENT No. 2/DEFACTO 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 impugned proceedings in C.C. No.192 of 2025 on the file of the Prl. District and Sessions Judge, Mahabubabad in FIR No. 20112025 dt.21-11-2025, on the file of Nellikudur PS, Mahabubabad, Telangana State, for the alleged offences under Section- 318(4) BNS and 7 Essential Commodities Act. l.A. NO: 1OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the f\ilemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay on all further investigation and proceedings in the above-mentioned charge sheet filed in C.C. No.192 of 2025 on the file of the Prl. District and Sessions Judge, Mahabubabad in FIR No. 20112025 d1.21-1 1'2025, on the file of Nellikudur PS, Mahabubabad, Telangana State, for the alleged offences under Section- 318(4) BNS and 7 Essential Commodities Act, pending disposal of the present criminal petition in the interest of justice and equity This Petition coming on for hearing, upon perusing re Memorandum of Grounds of Criminal Petition and upon hearing the arg r ments of Sri RVR Associates, Advocate for the Petitioner, Public Prosecul( - on behalf of the Respondent No. 1 and none appeared for the Respondent N r . 2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.17628 of 2025 Date:24.12.2025 Between: Naraboina Ramesh AND ...petrtloner The State of Telangana, Represented by its Public Prosecutor, High Court of 'felangana at Hyderabad and another ...respondents ORDER This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.192 of 2025,, on the f,rle of Principal District and Sessions Judge, Mahabubabad, wherein the petitioner was arrayed as accused No.3, for the offence punishable under Section 318 (4) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Section 7 of Essential Commodities Act, 1955 (for short 'EC Act') E tuB 2 JSR, J Crlp 17628 2025 2. Heard M/s. RVR Associates, learned c( unsel for the petitioner and Mr. Jithendar Rao Vceramalla, leer red Additional Public Prosecutor fbr respondent No.1

3. The spccific allegation against the petitioner'; ocused No.3 is that he has procured PDS rice frorn the beneficiaries at cheaper rate to sell the same for profit and on 21.1 1.2024 at abt rt 09:15 hours, the petitioner was found in possession of 10 ba6 ,; of PDS rice totalling 5 quintals

4. Learned counsel for the petitioner would sub irit that without there being any complaint from any beneficiary, a leging that the rice was procured deceptively or with a criminal inte rt and charging the petitioner for prosecution is untenable and mproper. The allegations, even taken at his lace value cannot be l; stained against the petitioners. Further, this Court, in Crl.P.Nos..5 / t9 of 2019 and 3349 of 2015, while considering the same situatio r, categorically observed that the offences alleged against the p€t tioners therein could not be continued and accordingly quashed _J e proceedings, The petitioner is also entitled to the same reliefand ence prayed to quash the pbcsedings against the petitioner, I i I t I I 3 JSR, J Crlp_17628 2025 I t

5. The leamed Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioner is cheating and violation of Section 7 of the EC Act and requested to pass appropriatc orders.

6. Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities is punishable. As per the prosecution, the petitioner has procured PDS rice lrom the beneficiaries after supply from the dealer

7. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no eyerment indicating that the petitioner in any way deceptively induced the benejiciaries to part with the supplied PDS rice or the benefciary entmsted the PDS rice purchased by them with the petitioner and they clLshoneslly misappropriated or converted to lheir own use or used it in violation of a lau{ul tlirection or contract- In the absence of essenttal factor-s, on the face of prosecution, this Court finds it to be a ft case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, contirLuance of proceedings against the pelitioner is abuse of proce.ss of law".

8. 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 i 4 JSR, J rlp-17 628 _2025 applying the same analogy and to quash the proceedi rgs against the petitioner herein.

9. Accordingly, the Criminal Petition is alll ,ved and the proceedings in C.C.No. 192 of 2025, on the file of P - ncipal District and Sessions Judge, Mahabubabad, against the pe ioner/accused No.3, are hereby quashed. Pending miscellaneous applications, if an5 shall stand closed. F PONNA KRISHNA II TANT REGISTRAR sd/- ,^fs \\ I //TRUE COPY// .SECTION OFFICER To, 'l . The Principal District and Sessions Judge, Mahabubabac 2. The Station House Officer, Nellikudur Police Station' Mai abubabad 3. Two ccs to the Public Prosecutor, High court for the 5 rate of Telangana at Hyderabad [OUT]

4. One CC to M/s. RVR Associates, Advocate IOPUCI' 5. Two CD CoPies )W HIGH COURT JSR, J DATED: 2411212025 r () ( * ilES 14 'i ti:8 t.tlli * ATC ORDER CRLP.No.17628 of 2025 ALLOWING THE GRL.P \/ v