CRLP/17386/2026 of Motam Saraiah Vs The State of Telangana on 15 October 2026

ORDER

This Criminal Petition has been filed seeking to quash the prcrceedings in FIR No.192 of 2026 of Dharmaram Police Station. Ramagundam District, wherein the petitioners were arrayed as accused Nos.l to 3, for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS'), Section 7 of the Essential Commodities Act, 1955 (for short 'EC Acl') and Section 17(e) of the Civil Supplies of Telangana State Public Distribution.

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Heard Mr.G.Raghu, iearned counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for resPondents.

3. The specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 09.10'2026, the petitioners were founci in possession of 19.60 quintals of PDS rice'

4. Leamed counsel fot' the 'petitioners would submit that u,ithout there being any cornplaint from any beneficiary' alleging tirat the rice was procured deceptively or with a criminal intent and charging the petitioners fot'prosecution is untenable and improper' The allegations, even taken at their face value cannot-be sustained against the petitioners. Further, this Court, in Crl'P'No'5709 of 2019, 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 petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners'

5. The leEmed Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 (for short 'EC Acf ) and requesled 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 petitioners have procured PDS rice from 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 overment indicating that lhe Petitioner in any way deceprively induced the beneficiaries to parl u'ith lhe suPplied PDS rice or the beneficiary entrusted the PDS rice purchased by them wilh the petilioner and they dishonestly misapPropridted or converted lo their 'own use or used it in violation ofa lawful direction or controct In the absence of essenlial factors, on the face of prosecution' this Court finds it lo be a rtt case to exercise the jurisdiction under Section 528 oJ BNSS' 2023. Thus. continuonce of proceedings against lhe petitioner is abuse of 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 petirioners herein. ,,,

9. Accordingly. the Crimir.ral Petition is ailowed anci the pr<rceedings in FIR No.192 of 2026 of Dhatmaram Police Station, Ramagundam District, against the petitionersr'accused Nos.l to 3, are hereby quashed. Pending miscellaneous applications, if arry, shall stand closed. //TRUE COPY// SD/- M. OSMAN ALI BAIG ASSISTANT REGISTRAR u ''FN SEC OFFICER To,

1. The Judicial Magistrate of First Class at Nandi l\ilyadaram

2. The Station House Officlr, On"*"i'* p"f ice St-ation' Ramagundam District

3. o"; CC to Mr G. Raghu, Advocate [OPUC]

4. Two CCs to puutic proseJut"t-illgh Court tor the State of Telangana' at Hyderabad [OUT]

5. Two CD CoPies KAM/ABK

HIGH COURT DATED: 1511012026

ORDER

CRLP.No.17386 of 2026 ALLOWING THE CRIMINAL PETITION gE ST4 7"e.

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