Telangana High Court
CRLP/13373/2026 of Baban Daulat Chovale Vs The State of Telangana on 12 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16590 OF 2026 Between Yellenkr Viran Kumar @ Veeraiah, S/o Bhadraiah Age 41 years Occ Business R/o HNo
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE EIGHTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16590 OF 2026
Between
Yellenkr Viran Kumar @ Veeraiah, S/o Bhadraiah Age 41 years Occ Business R/o HNo 8-4-600/1 Ganesh Nagar Karimnagar Karimnagar District
...PETITIONER/ACCUSED No. 3
AND
1. The State of Telangana, Rep by Public Prosecutor High .Court at Hyderabad through SHO PS Godavarikhani-l Town Peddapalli District
...RESPONDENT
2. Gopidi Ravinder Reddy S/o Ram Reddy Age Major Occ Deputy Tahsildar (Civil Supplies) Peddapalli R/o Pragathinagar Karimnagar Karimnagar District
...RESPONDENT/DEFACTO COMPLAINANT
Petition under Section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to call for the records relating to CC No176 Of 2026 on the file of the I Addl. Junior Civil Judge cum lAddl Judicial Magistrate of First-Class At Godavarikliani against the Petitioner/ Accused No. 3 and quash the same.
l.A. NO: 2 OF 2026
Petition under Section 528 of BNSS praying that in the circumstances staled rn the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in CC No176 Of 2026 on the file of the lAddl Junror Civil Judge cum lAddl Judicral Magistrate of First-Class At Godavarikhani including appearance of the Petitioner/ Accused No3 till the disposal of the Criminal Petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Anuganti Praneetl . Advocate for the Petitioner, Public Prosecutor on behalf of the Respondent No 1 and none appeared for the Respondent No 2.
The Court made the following: ORDER
'r
INTHE HIGHC
FORTHE STATE OF
ELANGANA
URT
AT TIYDERABAI)
THE HONOURABLE SRI JUSTICE J.SREENIYAS RAO
CRI
AL PETITION No.16590 of 2026
CNR No. : HBHC010691852026
Date: 08.10.2026
Between
Yellenki Viran Kttmar @ Yeeraiah
..Petitioner
AND
The State ofTelangana and another
...Respondents
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ORDER
This Criminal Petition has been filed by the petitioner/accused No.3 seeking to quash the proceedings in C.C.No.176 of 2026 onthe file of the leamed I Additional Junior Civii Judge-cum-I Additional Judicial Magistrate of First Class at Godavarikhani.
2. Heard Mr.Anuganti Praneeth, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. I .
The specific allegation against the petitioner/accused No'3 is that he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 06.12.2024, the petitioner was found in possession of 27 quintals of PDS rice. \ ,€e*, -. .
4. Leamed counsel for the petitioner would submit that wrthout there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and chrrging the petitioner for prosecution is untenable and improper. The allegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Cr1.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 petrtioner is also entitled to the same relief and hence prayed to quash the prc,ceedings against the petitioner.
5. The learned Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioner is cheating and violation of Section 7 of the EC Act and requ,rsted to pa-\s appropriate or<iers.
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 from the beneficiaries after supply from the dealer.
1. A Coordinate Bench of this Court in Cr1.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no uverment indicaling that the petitioner in dny way deceplively induced the beneficiaries to port with the supplied PDS rice or the benefciary enlrusted the PDS rice purchased by lhem with the petitioher Ind they dishonestly m$qpproprialed or converted to lheir own use or used it in violation ofa lawful direction or contract. In the ctbsence of essential factors, on the face of prosecution, this Court fnds il to be a ft c.$e to exerclse the junsdrction under Section 52E of BNSS, 2023 Thus, continuance of proceedings ugainst lhe peltioner is obuse ofprocess of letw"
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.
9. Accordingly, the Criminal Petition is allowed and the proceedings rn C.C.No.176 of 2026 on the file of the leamed I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of Frrst Class at Godavarikhani, against the petitioner/accused No.3, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed' SD/. B REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// I A- r(oN SEC OFFICER
1. The lst Additional Judicial Magistrate of First Class at Godavarikhani
2. TheStationHouseofficer,Godavarikhani-lTownPoliceStation,Peddapalli District To,
3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]
4. One CC to Sri Anuganti Praneeth, Advocate [OPUC]
5. Two CD Copies VH/ABK o
I HIGH COURT DATED: 0811012026
ORDER
CRLP.No.16590 ot 2026 ALLOWING THE CRIMINAL PETITION 1 7 STAIE /- C) ).. :Joo 17 ocl 2026 l\ +
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