CRLP/17290/2026 of Hymad @ Shaik Ahmed, Vs The State of Telangana on 15 October 2026

:ORDER:

This Criminal Petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSSJ by the pet rtioners/ accused Nos l and 2 seeking to quash the proceedings in F.LR. No. 142 of 2026 of Nizamabad rural police Station, Nizamabad Distncr, registered for the offences under Section 318(4) of the Bharatiya Nyaya Sanhita ' 2023 (fot short. 'the BNS') and Section 7 of the Essential Commodrties Act. 1955 (for short, 'EC Act').

2. Hea.rd Mr. A. Divakar Reddy, learned counsel for the petitioners, and Mr. Jithender pso Veerary1s11a, learned Additional public prosecutor appearing for respondent No 1. 1yi11-, their consent, the criminal petition is berng disposed of at the admission stage

3. Learned counsel for the petitioners submitted that the petitioners havr: not committed the offences and have been falsely implicated in the present crime. 11rgn €Ig6ording to the allegations leyelled in the

complaint, the ingredients of the offences under Section 318(4) of the BNSandSectionToftheE.C.Actarenotattracted.Evenaccordingto the panchalama cond.ucted by the Investigating Officer, the alleged PDS rice of 54.30 quintals was purchased from the cardholders' 3.1'HefurtherSubmittedthatwithouttherebeinganycomplaintfrom any beneficiary alleging that the rice was procured deceptively or with a criminal intent arld charging the petitioners for prosecution is untenable and improper. The allegalions on their face value cannot be sustained against the petitioners. Further, this Court in Crl P No'57O9 of 2Ol9 and 3349 of 2A15, while considering the same situation' categorically observed that the offences alleged against the petitioner therein carnot be continued and quashed the proceedings The petitioners are also entitled r.o the same relief al.Id, hence, prayed to quash the proceedings against the Petitioners.

4. The learned Assistant Public Prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioncrs is cheating and violation of Section 7 of DC Act and requested to pass appropriate orders.

5. Section 7 of EC 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 the dealer J

6. A Ooordinate Bench of this Court in Crl.p.No.7227 of 2025 has cor-.sidered the identical facts and observed that: "There is no averment indicating that the petitioner in any way deceptivell induced the beneficiaries to part with the supplied PDS rice or rhe beneficiarv entrusted the pDS rice purr:hased by thenr with thc pctitioner and they clishonestly misapprooriated or converted ro thcir own use or used it in violation ol a lawful direction or contract. In the absence of essential facto:s, on the face oi prosecurion. this Court finds it to be a fit case tc exercise rhe lurisdictron under Section 52g oI BNSS, 2023. Thus, conlinuiuce of proceedings against the petitioner is abuse of process of la\rr'.

7. The facts and circumstances of the present case also similar to those in rhe above case and hence, this Court finds it to be a fit case to exercise jurisdiction under Section 52g of BNSS by applying the sarrLc analogv and to quash the proceedings against the petitioners herein.

8. Accordingly, the Criminal petition is allowe.d and the pr(rceedings in F.l.R. No. 142 of 2026 of Nrzamabad rural police Station. Nizamabad District, against the petitloners/ ar:cused Nos. 1 and 2, are herebl, quashed. Miscellaneous applications, pending if any, shall siand closed. Sd/- B. PRIYADARSHINI JAISWAL ASSISTANT REGISTRAR /iTRUE COPY// SECTI FFICER To, '1 . The ll Addrtional Judicial First Class Magistrate, N jzamabad

2. The Station House Officer, Nizamabad Rural police Station,

3. Two CCs to Public prosecutor. High Court for the State Hyderabad [OUT] 4 One CC to Sri Alturi Divakar Reddy. Advocate [OpUC]

5. Two CD Copies N rzamabad ,rf Telangana at \ pr

HIGH COURT DATED: 1511012026

ORDER

CRLP.No.17290 of 2026 ALLOWING THE CRIMINAL PETITION '1Y\ "- STAr€ 1 7 ocT 2026 op5,,L1c, oo i( \b