CRLP/16798/2026 of Shaik Irfan Vs The State of Telangana on 12 October 2026

ORDER

This Criminal Petition has been filed by the petitioners/accused Nos.l and 2 seeking to quash the proceedings in C.C.No.-545 of 2022, on the file of the Il Additional Judicial Magistrate of First Class at Nizamabad.

2. Heard Mr.Alluri Divakar Reddy, leamed 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 and 2 is rhat rhey have procured PDS rice from the beneficiaries at

cheaper rate to sell the same for profit and on 09.04.2022, the petitioners were found in possession of 7 .26 quintals of PDS rice.

4. Leamed counsel for 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 the petitioners for 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 learned 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 Act') and requested to pass

6. Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of appropriate orders.

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 Cr1.P.No.7227 of 2025 has considered the identical facts and observed that: "'lhere is no ayerment indicating thal the petitioner in any way deceptively inducecl the beneficiaries to part with the supplied PDS ice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropiated or converted to lheir own use or used it in violation of a lawful direction or contract. In the absence of essential factors, on the face of prosecution, this Court finds it to be a frt case to e-\ercise the jurisdiction under Section 528 of BNSS, 2023. Thus. continuance o.f proceedings against the petitioner is abuse ofprocess 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 apply'ing 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.545 of 2022, on the file of the II Additional Judicial Masistrate of First Class at Nizamabad, against the fI petitioners/accused Nos. I and 2, are hereby quashed)

Pending miscellaneous applications, if any, shail stand closed. SD/- M. OSMAN ALI BAIG ASSISTANT REGISTRAR ,TRUE COPY// \ b '\7 SEC OFFICER To, '1. The ll Additional Judicial lVlagistrate of First-Class at Nizamabad

2. The Station House Officer, Nizamabad Vl Town Police Station, Nizamabad

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri AIIuri Divakar Reddy, Advocate [OPUC]

a. fwo CD Copies ABK I

HIGH COURT DATED: 12t10t2026

ORDER

CRLP.No.16798 ot 2026 ALLOWING THE CRIMINAL PETITION 0 LL STAT€ o.J 1l 0c1 2u6 \\{^

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