Telangana High Court
CRLP/16676/2026 of Mahesh Parvatham @ Parvatham Banni Vs The State of Telangana on 9 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE NINTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16676 OF 2026 Between: lrlahesh Parvatham @ Parvatham Banni, S/o. Parvatham Srinu, Aged, 21 years, Occ,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
FRIDAY, THE NINTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16676 OF 2026
Between:
lrlahesh Parvatham @ Parvatham Banni, S/o. Parvatham Srinu, Aged, 21
years, Occ, Business, R/o.1 -5-1 37lCS, Budiga Jangam Colony, Ward No. 1 8, Jagitiyal, Telangana.
...PETITIONER/AGCUSED
AND
1. The State of Telangana, Represented by its Public Prosecutor, High Court for the State of Telangana, At Hyderabad.
...RESPONDENT No. 1/RESPONDENT
2 Sri. K.Umapathi S/o. Not known, Aged, Not Known, Occ, Civil Supply Naib Tahsildar Officer, Irletpalli, Jagitiyal District, Telangana
...RESPONDENT No. 2/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 quash the proceedings in FlR. NO. 374 OF 2026, DATED 23-09-2026 ON THE FILE
OF P,S, KORUTLA AT JAGITIAL,
f .A. NO: 2 OF 2026
Petition under Section 528 of BNSS praying that in the circumstances stated In the lt/]emorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings against the Petitioners/Accused, in FlR. NO. 374
OF 2026, DATED 23-09-2026 ON THE FILE OF P.S. KORUTLA AT JAGITIAL, pending disposal of the main quash proceedings in the interest of justice This Petition coming on for hearrng, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri lrlahmad Nayeemoddin Advocate for the Petitioner, Sri Jithender Rao Veeranralla, Additronal Publrc Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.
The Court made the following: ORDER
t-
a
IN THE HIGH COURT FOR THE, STATE OF TELANGANA
AT HYDERABAI)
THE HONOI]RABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16676 of 2026
CNR No. : :H8HC010697832026
Date:09.10.2026
Between:
Mahesh Parvatham @ Parvatham Banni
...Petitioner
AND
The State of Telangana and another
.,.Respondents
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ORDER
This Criminal Petition has been filed seeking to quash the proceedings in F.I.R.No.374 of 2026 of Korutla Police Station, Jagtial District, wherein the petitioner was anayed as accused, for the offences punishable under Section 3 18(4) of the Bharatiya Nyaya Sanhitha, 2023 (for short'BNS') and Section 7 (l) (a) (i) of the Essential Commodities Act, 1955 (for short 'EC Act').
2. Heard Mr.Mahmad Nayeemoddin, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents.
3. The specific allegation against the petitioner/accused is that he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for prof,1t and ofi 23.09.2026, the petitioner was found in possession of 10 quintals ofPDS rice.
4. Leamed counsel for the petitioner would submit that without therc being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging 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 Crl.P.No.5709 of 2019, while considering the same situation, categorically observed that the offences alleged against the ;retitioners therein could not be continued and accordingly quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceedings 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 requested to pass appropriate orders.
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 Iiom 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 averment indicating that the Petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice or the benefi<:iary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converted to their own use or used it in violation ofa lawful direction or contracl. In the absence of essential factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse oJ'process 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 ofBNSS by applying the same analogy and to quash the proceedings against the petitioner herein. g. Accordingly, the Criminal Petition is allowed and the proceedings in F.I.R.No.374 of 2026 of Korutla Police Station' Jagtial District, against the petitioner/accused, are hereby quashed. Pending miscellaneous applications, ifany, shall stand closed' //TRUE COPYII SD/- B. REKHA RANI ASSISTANT REGISTRAR SECTION OFFICER
To
The Judicial First Class lv.tagrstrate at Koru a The Station House Officer, Koru a police Station, Jagtial Iy;"rt3:rtl"lublic Prosecutor, Hish court for tne state of reransana, at One CC to Sri Mahmad Nayeemoddin, Advocate [OpUCj Two CD Copies q- HIGH COURT DATED: 0911012026
ORDER
CRLP.No.16676 of 2026 ALLOWING THE CRIMINAL PETITION i\1t 5I/:'iE' o/. t k r)o L_r 16 ocT 2U6 ..i.- r1:-e * \_., @ \ I o , )