CRLP/17288/2026 of Garka Srinivas Vs The State of Telangana on 15 October 2026

:ORDER:

This Criminal Pe tition has been hled under Section 52g Bharatiya Nagarik Snraksha Sanhita, 2023 (for short, ,BNSS) by the pet ltjoners / accused Nos.1 ancl 2 seeking to quash the proceedings in C.(1.No.376 of 2022 on the file of the Judiciat Magrstrate of First Class at lUetpall]'. for thc offences under Section 12O of tlre Indian penal Code, ISt>O (for shorl, 'rhc IPC') and Section 7 of the [issentia-l Commodities Acr. 1955 (for shorr, 'DC Act').

2. Heard I\1r. G. Raghu, learned counsel for the petitioners, and Mr. ,lithender Rao Veeramalra, Iearned Additionar public prosecutor appc:rring for respondent Nos.1 and 2.

Learned c.unser for the petitioners submitted that the petitioners have. nor commirted rhe offences and have been falsely implicated in the pres.,r crime. Iiven according to the allegations/ levelled in the

complaint, the ingredients of the offences under Section 420 of the IPC and Secdon 7 of the E C' Act are not attracted' Even according to the panchanama conducted by the Investigating Officer' the alleged PDS rice of 4.5O quintals was purchased from the cardho'lders'

3.1. He further submitted that without there being any complaint from any beneflciary alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable andimproper'Theallegationsontheirfacevaluecannotbesustained agarnst tlre petitioners. Further, thls Court in Crl P'No 5709 of 2079 a1td 3349 of 2075, while considering the same situation' categorically observed that the offences alleged agarnst the petitioner therein cannot be continued and quashed the proceedings' The petitioners are also entitled to the same relief and, hence, prayed to quash the proceedings against the Petitioners'

4. The learned Assistant Public Prosecutor submitted lhat as per prosecution, the offence said to have been committed by the petitioners is cheating artd violation of Section 7 of EC 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 pupply from the dea.ler. h.

6. A Coordinate Bench of this Court in Crl.p.No.72 27 of 2025 has considered the identical facts and observed that: ''There is no a!,erment indicaring thar ihe petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the pDS rice purchased by thcm u'ith rhe petitioner and thev dishonestly misappropriated or con\,erted to their olvn use or used it in violation of a lawful direcrion or contract. In the absence of essential factors, on the face of prosecution. this Court finds it to be a fit case to exercise thc jurisdicrion under Section S2g of BNSS, 2023. Thus, contrnuance of proceedings against the petitioner is abuse of proccss of law" 7 . The lacts and circumstances of the present case also slmilar to those in the above case and hence, this Court hnds it to be a fit case to exercise jurisdiction under Section 52g of BNSS by applying the same analog,. and to quash thc proceedings against the petitioners herein. iJ. Accordingly, the Criminal petition is allowed and the proceedrngs in C.C.No.1176 of 2022 on the file of the Judiciaj Maglstr:rtc of First Class at Metpally, against the peritioners / accu sed Nos.1 and 2. are herebl.quashed. Miscellalcous applications. pending if any, shall stand closed. SD/. M NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// SECT FFICER To,

The Judrcial l\4agistrate of Frrst Class at l\4etpally The Station House Offjcer l\4etpaili police SiatiJn, Jagtiat Two CCs to publrc prosecutor, High Court for'the" State of Telangana Hyderabad [OUT] 9r" 9! to Sri Gaje Raghu Advocate [OpUC] Two CD Cootes q at

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HIGH COURT DATED: 1511012026

ORDER

CRLP.No.17288 ot 2O26 EOF,r.€. -*s (, Ts f. te

\1 c !) o4i't )i '- ALLOWING THE CRIMINAL PETITION 2c"pq\ \+\ro \>g ?-v- i;