Telangana High Court

CRLP/16788/2026 of Aqkil Alis Bablu, Vs The State of Telangana, on 12 October 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWELFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO GRIMINAL PETITION NO: 16788 OF 2026 Between: 1. Aqkil Alis Bablu, Sio. Shaik Ahmed, Aged 35 years, occ: Business, R/o. 18-8-

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

MONDAY, THE TWELFTH DAY OF OCTOBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

GRIMINAL PETITION NO: 16788 OF 2026

Between:

1. Aqkil Alis Bablu, Sio. Shaik Ahmed, Aged 35 years, occ: Business, R/o. 18-8- 450/'15, Akbar Nagar, Edi Bazar, VTC, Hyderabad.

2. Ivlohammed Amir Pasha, S/o lt4ohammed Taher, Age: 30 years, Occ. Business, Rio H.No. 4-'1-99, Near ChotilVasjeed, Hayathnagar, Ranga Reddy Dist.

3. Ade Ramdass, S/o Kani Ram, Age. 42 yearc, Occ. Driver, R/o ThadeAtnoor (V), Narnoor (M), Adilabad Dist.

4 t\rlir Furon Ali Khan, S/o Mir Mahmood Ali Khan, Age. 32 years, Occ: Driver, R/o H.No. 18-8-607, Kumar Wadi, Edi Bazar, Hyderabad.

5 Jaswant Ray, S/o Jai NandanRai, Age. 35 years, Occ Driver, R/o Balapur, Hyderabad, N/o '129, New Grain lvlarket, Karnal, Haryana State.

..PETITIONERS/ACCUSED No.1 to 5

AND

1. The State of Telangana, Rep By the Public Prosecutor, Telangana High Court, Hyderabad.

RESPONDENT/ RESPONDENT

2 Ch. Krishna, Asst. Sub-lnspector of Police P.S Abdhullapurmet, l\/alkajgiri

..RESPONDENT/COMPLAINANT

Petition under Section 482 of Cr.P.C read with 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 proceedings in C.C. No. 1 166 of 2026 on the file of the XIV Addl. Lrletropolitan lvlagistrate, Hayathnagar, Ranga Reddy District, to the extent of the petitroners, who are arrayed as accused No 1 to 5.

\

LA. NO: 1OF 2026

Petition under section 482 of cr.P c prayiog that in the circumstances stated rn :he Memorandum of Grounds of Criminal Petrtion. the High Court may be pleased to ;tay all further proceedrngs includrng the personal appearance inc.c. No. 1166 of 2026

rn the file of the XIV Addl. lr/letropolitan fvlagistrate, Hayathnagar, Ranga Reddy District, o the extent of the petrtioners. who are arrayed as accused No.1 to 5 and pass This Petrtion coming on for hearing. upon perusrng the Memorandum of Grounds rf Criminal Petition and upon hearing the argLrments of Sri I\/ W R Jayakar, Advocate 'or the Petitioner and of Sri Jithender Rao Veeramalla, the Additional pubtic prosecutor lor the State of Telangana on behalf of the Respondents -l-he Court made the following: ORDER

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRIJUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.16788 of 2026

CNR No.HBH C0106899 62026

Date:12.10.2026

Between:

Aqkil @ Bablu and 4 others

...Petitioners

AND

The State of Telangana, and another

Respondents

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ORDER

This Criminal Petition has been hled bv the petitioners/accused Nos.1 to 5 seeking to quash the proceedings in C.C.No. 1166 of 2026, on the hle of the XIV Additional Metropolitan Magistrate, Hayathnagar, Ranga Reddy District.

2. Heard Mr.M.W.R.Jayakar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondents

3. The specific allegation against the petitioners/accused Nos.1 to 5 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 04.04.2026, the petitioners u,ere found tn possession of 30.50 quintals of PDS nce

4. Learned counsel fbr the petitioners would submit that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging thc petitioners tbr 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 201t), 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 leamed Additional Public Prosecutor submits that as per prosccution. the offences said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Comnroditics Act, 1955 (lor shorl 'EC Act') and requested to pass appropriate orders

6. Sectron '7 of the EC Act contemplate that any person conrra\.enes ;i.ith the production. supply, distribution and trade of a 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 uyerment indicoting that the petitioner in any way deceptively induted the beneJiciaries ro part wrth rhe supptiett pDS ri.:e or the beneftcia: entrusted the pDS rice purchased by them with the petitioner ttnd they dishonestly misQ.ppropriated or conyerred k) their own use or used it in violation of a kwful direction or contract. In the absence of essentid rtrcbrs, on lhe fuce of prosecution, this CourtJincls it to be qfit cose to exercise the juristtiction under Section 52g ofBNSS, 2023. Thus, continuance r.tf proceeclings against the petitioner is abuse of process of luw ".

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 52g of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein.

9. Accordingly, the Criminal petition is allowed and the proceedings in C.C.No.1166 of 2026, on the frle of the XIV Additional Metropolitan Magistrate, Hayathnagar, Ranga Reddy District, against the petitioners/accused Nos.l to 5, ,are hereby quashed. J i

Pending miscellaneous applications, if anv, shall stand closed Sd/- B. PRIYADARSHINI JAISWAL ASSISTANT REGISTRAR //TRUE COPY// A" \)" SECTlO N OFFICER To

1. The XIV Additional lvletropolitan Magistrate, Hayathnagar, Ranga Reddy District'

2. The Station House Officer, Abdhullapurmet Police Station, lt/alkajgiri

3. Two CCs to Public Prosecutor Hrgh Court for the State of Telangana, at Hyde r-abad [OUT]

4. One CC to SRl. lril W R Jayakar, Advocate [OPUC]

5. Two CD Copies PTiABK 3L

*

HIGH COURT DATED: 1211012026

ORDER

CRLP.No.16788 of 2026 \ e oF re $ lFt + ,A c\r._ c1 \- .-. I, + I q .F ,_a::: ALLOWING THE CRIMINAL PETITION Ecoye 5 1a\ro\ze R-p

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