Telangana High Court

CRLP/16767/2026 of PAGIDIPARTHY THIRUPATHAIAH Vs The State of Telangana on 9 October 2026

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Between: AND 1 2 1 2 Pagidiparthy Thirupathaiah, S/o. Nagulu Aged 43 years Occ: Driver R/o H.rio.r-S9lt- Model Colani Sharemohammad Peta Village Jaggayapeta Mandal NTR District Andhra Pradesh-521175 Chava Pitchaiah @Chava Pichaiah, S/o. Bhadraiah Aged 54 years Occ Business R/o. H.No.11-379

Between:

AND

Pagidiparthy Thirupathaiah, S/o. Nagulu Aged 43 years Occ: Driver R/o H.rio.r-S9lt- Model Colani Sharemohammad Peta Village Jaggayapeta Mandal NTR District Andhra Pradesh-521175

Chava Pitchaiah @Chava Pichaiah, S/o. Bhadraiah Aged 54 years Occ Business R/o. H.No.11-379 Mittegud6m Jaggayapeta Town 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: 16767 OF 2026

...PETITIONER/ACCUSED No.1 & 2

The state of Telangana, through s.H.o. Kodad Rural Police station suryapet District rep. by its Public Prosecutor High court for the state of Telangana at Hyderabad P.Chandra Shekar, S/o. Lingaiah Age 39 years Occ: Police Constable PC- 2361R/o.KondapuramVillageChilukurMandaSuryapetDistrictTelangana-

508206.

...RESPONDENTS/COMPLAINANT

Petition under Section 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 c.c.No.24 1 0l 2023 0n the file of Additional Judicial First class Magistrate at Kodad against the Petitioners/Accused Nos 't & 2'

I.A. NOt 2OF 2026

Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Peiition, the High Court may be pleased To grant STAY of all further proceedings againsl the Petitioners/Accused Nos.1 & 2 in

6.C.Uo.Z+t of 2023 on the file ot ROOitionat Judicial First Class Magistrate at Kodad pending disposal of the present Criminal Petition E--EltGt This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri Arvapalli shiva saiNath, Advocate for the Petitioners and Sii Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of Respondent No.'l and none appeared for the Respondent No 2.

The Court made the following: ORDER

IN THE HIGH COTJR'I'T-OR T}IE STA'TE OF'TELANGANA

A1-HYDT]RAI}At)

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETII'ION No.16767 of 2026

CNR No. HBIICOl 0705232026

Datc:09.10.2026

Between:

Pagidiparthy Thirupathaiah and anothcr.

...Pctitioners/Accused Nos. I and 2

ANI)

'l'he State of 1'elangana and anolhcr

Respondents

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ORDER

'fhis Criminal Pctitiori has bcen lilcd bl the petitioners/acc used Nos.l and 2 seeking to quash the proceedings in C.C. No.24l ol'2023 on the flle o1-the learned Additional J udic ial First Class Magistrate at Kodad. lor thc oll'cnccs punishable under Seclion 420 ot rhe lndian Penal Code, 1860 (lbr short, 'the IPC') and Section 7 of the Essential Commodities Act, 1955 (for short 'thc E.C. n cr')

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2. Heard lv1r. A.Shir,'a Sainath. learned counsel for the petitioners. and !tr.Jithcnder l{ao Veerarnalla, learned Additional I)ublic ProsecLtror lbr the rcspondcnts

3. The specific allegation against the petitioners/accused Nos l and 2 is that they had procured PI)S rice fiom the beneficiaries at cheapel ratc to sell the satne tbr prolit and on 26.02.2023 at about 8-00 hours. the petitioners were found in possession of '10 plastic bags containing l9 quintals ol- PDS rice .

4. Learned counsel fbr the petitioners would submit that without there being any complaint tiom any beneficiary., alleging thal the rice u as procured deccptir clY' or rvith a criminal intent and charging the petitioners fbr prosccution is untenable and;mproper' -the allegations. even taken at their l'ace value cannot be sustained aga-inst the petitioners. []rtrther. this Court. in Crl.P.No.5709 ol l0 I 9. w'hile considcring the same situation, categorically' obserued that the oft-ences alleged against the petitioners therein could not be continued and accordingly cprashed the proceedings. The petitioners ari u"ko entitled to the satne relief and hence pray'ed to quash the proceedings against the petitioners.

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5. The leamed Additional Public Prosecutor submits that as per pctitioners is cheating and violation o1' Section 7 of'thc E.C. Act and requested to pass appropriate orders prosecution, the olt'cnce said to harc bcerr conlrritted bv the

6. Section 7 ol'thc I.,.(.. ,.\cL conrcnrplalcs rhar anr pcrson contra!enes r,vith the production, sLrppll, distribution and trade ol' essential commodities, is punishable. As per the prosecution, the petitioners have procr"rrcd P[)S ricc liorrr thc bc-neflciaries alter supply from the dealer

7. A Coordinate Bench of rhis Courr in Crl.P.rr-o.722i of 2025 has considered the idcntical l'lteLs rnd obselvcd rhat ''Therc i.t no Lt\'(rtnc t itttlituittg thul th(' lttitioncI itt trt l It|. deceplively in,:lucecl the beneficictrie.s to put.t \ith the supplied PD,\ rice or the henefi<'iurt antrLt\tcd the PD,\ rice pur<hosed b.t' lhent v,tth the petilionar und lhey lithonc.stlt nitqtproprictteLl t)r L.()nvertcLl to their otrt1 u.\e or used it in tiolutirtrt of Lr lov lul tlircttion or (t)tttuc.t. In tha ub.scnca of e.sscntitl fLrclrr.t tt tlt,: lttcc of l)ro\(,1'u t)D, tht: (ourt fitttlt il lo be Lt /it cu.:e to c\crc'i.sc thc juristliction unLlcr Settitttr SJfi o/ B,\iS.\. 2021. Thu.t. Lt)ntinuuDL'c o/ pnrvcclings ctgtrirt:t thc patitioncr it Lthtr';t LtJ proce.ss oJ luv .

8. The facts and circumstances of the presenl case also similar to those in the above casc and hcnce. this Court llnds it to be a lit case to exercise jurisdiction under Section -5lll ol' tINSS b1

-- applying the sarnc analogl and to quash the proceedings agairrst the petitioners h ere in g. Accordingly, the C--rirninal Petition is allowed and the pro:cedings in C.C. \o.l'1 I ol l0l3 on thc filc ol the lcarncd Adrlitional Judicial I'irst (llass \lagistrate at Kodad. against the petr tioners/accused Nos.l and 2. are hereby quashed' Pending misccllaneous applications, il an1 . shall stand c lo sed //TRUE COPY// SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR r6 SECTION OFFICER To,

J

The Additional Judicial First Class Magistrate at Kodad The Station House Officer, Kodad Rural Police Station Suryapet District One CC to SRI ARVAPALLI SHIVA SAI NATH Advocate IOPUC] Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana' at Hyderabad [OUT] Two CD CoPies ADIIBA Y*-

HIGH COURT DATED: 09110t2026

ORDER

CRLP.No.167GT ot 2026 ALLOWING THE CRLP SI .1lE oo k * 1 $ Ocr 2026 '?, * iiEll;\l-e.,,o a. ^Pe,L COY' \(t df''\"b

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