CRLP/17123/2026 of Mohammed Khaja Pasha Vs The State of Telangana on 15 October 2026

ORDER

This Criminal Petition has been filed by the petitioneriaccused No.1 seeking to quash the proceedings in C.C.No.2162 of 2024,on the file of leamed Principal Judicial Civil Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri ar Malkajgiri.

2. Heard Mr.M.Revanth, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for resPondents'

3. The specific allegation against the petitioner that he has procured PDS rice and PDS wheat fi'om the beneficiaries at cheaper rate to sell the same for profit and on 09'08'2024' the petitioner was found in possession of 23 quintals of PDS rice and 7 quintals of PDS wheat.

4. Learned counsel for the petitioner would submit that without there being any complaint fiom any beneficiary" alleging that the rice rvas procured deceptively cr with a criminal intent and charging the petitioner for prosecution is untenable and improper' The allegations, even taken at his face value cannot be sustained against the petitioner. lrurther, this Court, in Crl'P'No'5709 of 20I9, 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 pctitioner'

5. The leamed Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioner is cheagiJrg' and violation of Section 7 of. the Essential !:.-n!# +!ts=1!iF..!F.: J Commodities Act, 1955 (for short 'EC Act') and requested to pass appropriate 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 frorn the beneficiaries after supply from the dealer.

7. A Coordinate Bench of thisCourt in Crl,.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no averment indicating that the pelitioner in ony way decepttuely induced the beneficiaries to part with the supPlied PDS rice or the beneficiary enlrusted the PDS rice purchased by them with the petilionel and they dishonestly misappropriated or converled lo lheir own use or used it in violation of a lawful direction or controct. In the absence of essential 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, continuance of proceedings against the petitioner is abuse oJ'process 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 by applying the same analogy and to quash the proceedings against the petitioner herein.

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9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.2162 of 2021, on the file of leamed Principal Judicial Civii Judge-cum-Metropolitan Magistrate, Medchal-Malkajgiri at Malkajgiri, against the petitioner/accused No. 1, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/- MOHD. OSMAN ALI BAIG, ASSISTANT REGISTRAR /ffRUE COPY// L $o To, ABK SECTI FFIGER

1. The Principal Judicial Civil Judge-Cum Metropolitan Magistrate, Medchal- Malkajgiri at Malkajgiri

2. The Station House Officer, Malkajgiri Police Station, Rachakonda

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUTI

4. One CC to Sri Makkena Revanth Babu, Advocate [OPUC]

5. Two CD Copies

HIGH COURT DATED: 1511012026

ORDER

CRLP.No.17123 ol 2026 ALLOWING THE CRIMINAL PETITION ( 1dtr rj rAr€ 1 7 Ocr 2m6 \ v r -'.1 i:t C -) \ \