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 impugned proceedings in C.C.No. 337 of 2022' on the file of the ll Additional Judicial Magistrate of First Class at Nizamabad. 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 grant interim STAY of all further proceedings in C.C No. 337 of 2022' on the file of the ll Additional Judicial Magistrate of First Class at Nizamabad, including appearance and attendance of the petitioners / Accused Nos l and 2, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri GAJE RAGHU ,Advocate for the Petitioner and the Sri Jithender Rao Vee r tmalla, Addl. Public Prosecutor on behalf of the Respondent No.1 and nort appeared for the Respondent No.2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.17925 ot 2O25 DATE OF ORDER:- 31.12.2025 Between: Mohammed Javeed, S/o.Kaousar, R/o.Nizamabad District & another Petitioners/Accused Nos.l & 2 AND The State of Telangana rep. by its Public Prosecutor, High Court of Telangana at Hyderabad & another. . . Respondents ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.337 of 2022, on the file of the learned ll Additional Judicial Magistrate of First Class at Nizamabad, registered for the offence punishable under Section 420 of IPC and Section 7 of Essential Commodities Act, 1955

2. Heard Sri G.Raghu, Iearned counsel for the I pltitioners/accused Nos.1 & 2 as well as Sri Jitender Rao 2 EIO,, Crt.P.No.1792s_2025 Veeramalla, the learned Additional Public Prose,; rtor appearing for the respondent No.1- State.

3. The specific allegation against the petiti lners/accused Nos.1 & 2 is that they procured PDS Rice from 1 re ration card holders at lowest price for selling the same at higt t r price and on

07.02.2022 at around 1'l :00 hours, the petitioner:; were found in possession of 41 plastic bags of PDS rice weighirl around 17.25 Quintals

4. Learned counsel for the petitioners would .urther submit that without there being any complaint from ir ry beneficiary alleging that the Rice was procured deceptively or vith a criminal intent, charging the petitioners for prosecution is rntenable and improper. The allegations leveled against the pe:i ioners cannot be sustained. Fu(her, this Court in Crl.P.Nos.57rl ) of 2019 and 33493 of 201 5, while considering the same situatic r , categorically observed that the offences alleged against the pe'i ioners therein cannot be continued and quashed the pror; redings. The petitioners herein are also entitled to the same rel ef and hence prayed to quash the proceedings against the petitior ers. 3 ETDJ Crl,P-No.17925 2025

5. The learned Additional Public Prosecutor has submitted that as per prosecution, the offences said to have been committed by the petitioners is cheating and violation of Sections 7 and B of the Essential Commodities Act, 1955 and hence requested to pass appropriate orders

6. Perused the material available on record.

7. Sections 7 and B of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioners herein had procured PDS rice from the beneficiaries after supply from the dealer.

8. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that:- "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to paft 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 essenfra/ factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, I I I I 4 ETDJ Crl.P.No.17925 2025 ;:!,i continuance of proceedings against the petitioners ; abuse of pro,ess of law."

9. The facts and circumstances of the present case also are similar to those in the above case and hence, this ( ourt finds it to be a fit case to exercise jurisdiction under Sectiorr 528 of BNSS, 2023 by applying the same analogy and t, , quash the proceedings against the petitioners herein.

10. Accordingly, the Criminal Petition is all<rued and the proceedings against the petitioners/accused ll rs.1 & 2 in C.C.No.337 of 2022, on the file of the learnei ll Additional Judicial Magistrate of First Class at Nizamabac, are hereby quashed.

11. Miscellaneous petitions pending, if any, shall r tand closed- //TRUE COPY// Sdifl . P. PONNA KRISHNA S STANT REGISTRAR -r \' ,SECTION OFFICER To, '1. The ll Additionat Judiciat 2. The S-Ho, pS Nizamabad Vt"TNi, Niz;;;b;d: """ '' ' ? 9n" 99 to sRt GAJE nncuu Aovo-caie iSFucr 4. One CC to Addr. pUBLTC pnOseCU-iOn hi'vJ#e tOt, lcl 5. Two CD Cooies GE/DL fr{gOlgtrqte of First Ctass'bi f.ti :amabad M/ HIGH COURT DATED:3111212025 ORDER CRLP.No.17925 of 2025 I 1HF.IIA ( 3 29JAizozn * Di... " :t. /)/' ALLOWNG THE CRLP WITHOUT COSTS 4 % )b \