CRLP/16775/2026 of Mizra Azhar Baig, Vs The State of Telangana, on 9 October 2026

1. Mizra Azhar Baig, S/o. Mirza Ahmed Biag, Age. 30 Years, Occ. Auto Driver, R/o H.No. 3-5-104, Tatiguda, Adilabad, Adilabad District.

2. It/. Javed @ Javeed, S/o. [t4 Yousuf Sheikh Age. 37 years, Occ. Business R/o. Ward No. 4, Patanbori Village of Kelapur Tq, Yavathmal District. Ntl.H. ..Petitioners/Accused No.2 and 4 AND '1 . The State of Telangana, rep.by Public Prosecutor, High Court for the State of Telangana at Hyderabad.

2. E. Sunitha, C/o. Not Known, Age. IVlajor, Occ. Police officer, R/o. Adilabad Rural P.S, Adilabad District 504001. ... Respondents/Defacto Complainant Petition under Section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of Crimrnal Petition, the High Court may be pleased to quash the C C.No.24B of 2025 on the file of Special Judicial First Class l\,4agistrate (PCR) at Adilabad against the petitioner/Accused No.2 and 4 l.A. NO: 1OF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated rn the l\rlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in C.C.vide No. 248 of 2025 on the file of Spl. Judjcial First Class Magistrate (PCR) at Adilabad including the appearance of the petitioner, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the ilemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Soma Ravi Kiran Reddy, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondents. The Court made the following: ORDER PRESENT CRIMINAL PETITION No: 16775 of 2026

,\'t- Itl r)ER,\ttAt) '1lII. HO\Ot RAllI-h SRI,l( STICt.,l.SRIlUNIVAS RAO CRI}ll\,\t- P[-'l Il'lO\ \o.16775 of 2026 l)ale:09.10.2026 [Jetrveen: Mizra Azhar Baig and another. ,..[)etitionersi Accused Nos.2 and 4 ,\\I) 'lhe State of -l'elangana and another ...Respondents ORDIiR 'Ihis C riminal [)etitiorr has heen lllcd bi' thc petit ionersi acc used Nos.2 and 4 seeking to quash the proceedings in ( .C. No.248 of'2025 on the file of the learned Speciat Judicial First Class Magistrate (P(lR) at Adilabad, lbr the o11-ences punishable under Section 318(2) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'the BNS') and Section 7 of the E,ssential Comrnodities Act. 1955 (lbr short 'the [:.('. z\ct'). ). Heard \4r. Sorra Rar i Kiran Reddy, learned counsel fbr the petitioners. and Mr..lithender Rao Veeramalla, learned Additional Public Pros..-cLrtor lbr thc respondcnls I\ tHr_ HtcH cot R] FoR'rIIF. S'rA tU OF ]'EI-ANGANA (C\lt No. I ItllIC0 I 0706332026)

3. The specitic allegation against the petitioners/accused Nos.2 and 4 is that they had procured PDS rice tiom the beneficiaries at cheaper rate to seil the sarne for profit and on 05.01 .2025 atabout l4-00 hours, the petitioners wcre firund in possession ol 35 rice bags containing I 7.5 quintals of PDS rice

4. Learned counsel tbr the petitioners would subrnit that without there being any complaint t'r'orn any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners lor prosecution is untenable and improper. The allegations, cven taken at their I'ace value cannot be sustained against the petitioners. F-urther, this Cour1, in Crl.P.No.5709 of 2019. while considering thc same situation, categorically observed that the oflences alleged against the pctitioners 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 tlre pctitioners.

5. fhe leamed Additional Public Prosecutor submits that as per prosecution, the ofl'encc said to have been committed by the petitioners is cheating and violation ol Section 7 ol'the Ir.C. Act and requested to pass appropriate orders.

6. Section 7 of the E.C. Act contemplates that any person contra'uenes r,"'ith the prodirction. supply. distribution and trade of essential corrrrodities. is punishable. As per the prosecution. the petitioners harc procured PDS rice ttom the beneficiaries after suppll liorn the dealer 7 . A Coordinate Bench ol this Coun in Crl.P.No.7227 of 2025 has considered the identical lacts and observed that: ''Lht,re i.s no .t|erncttt inclicuting thul lh( patilioncr in cut.l' ncrt clcccptit,el.y induced thc hcnclicierit.t to l).r1 *ilh the supplictl PDS ricc or the beneficicrrt, antrustcd the PDS rice purchused bt'thenr u'ith thc pctitiotter t tltc_t di:hottt,stlt nt ivtpprrytriut etl or L'onv(rlcll tu lh!ir (,\tn usr r)r u'atl it in tioluliort of Lr luvlnl lireclirttt or LonlruL'l ln thc uhlattca ol ctscntiul fuLtrtrt. rn tlrc futc of l)n).\a(ulion. thi.; L-ourt Jind.t it to he u fir cu-se to excrcise the juri:diction under Set'lion 528 of BNSS, 2023 Thus. <ttntinuunca of procaedinz.s ugoinsl lhe pelitioner is ubuse of pnre.ss of lLtu .

8. -I he f-acts and cil'cunrstances o1- the present case also similar to those in the above case and hence. this Court flnds it to be a flt case to exercr se .jurisdiction under Section 528 of BNSS bv appl)'ing thc sarnc analogv ancl to quash the proceedings against the petitioners herein.

9. Accordingll. the Crirrinal Petition is allowed and the proce'edings in C.c. No llu ot' 102-s on rhc rlrc- or [hc' rearned

Special Judicial First Class Magistrate (PCR) at Adilabad, against thc pctitioners/accused Nos.l and 4, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/- B REKHA RANI ASSISTANT REGISTRAR ,TRUE COPY' u ril6ru To, ABK SEC OFFICER

1. The Special Judicial First Class l/lagistrate (PCR) at Adilabad

2. The Station House Officer, Adilabad Rural Police Station, Adilabad

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

4. One CC to Sri Soma Ravi Kiran Reddy, Advocate IOPUC]

5. Two CD Copies I

HIGH COURT DATED: O911012026 CRDER 3RLP.No.16775 of 2026 ALLOWING THE CRIMINAL PETITION \,* 1? 0c1 2028

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