Telangana High Court
CRLP/16698/2026 of Bairipogu Swamy Das Vs The State of Telangana on 9 October 2026
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 CR IMINAL PETITION NO: 16698 OF 2026 Between: 1. Bairipogu Swamy Das, S/o. Harijana Bairipogu Sudhakar, Age. 30 years, Occ. Driver, R/o.
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: 16698 OF 2026
Between:
1. Bairipogu Swamy Das, S/o. Harijana Bairipogu Sudhakar, Age. 30 years, Occ.
Driver, R/o. Ho. No.3-89, Yapadine Village, leeja Mandal, Jogulamba Gadwal District.
2. Vadde Gopi Chandu @ Dhasu, S/o. Vadde Hanumanthu, Age 28 years, Caste.
Vadde, Occ. Driving and Agriculture, R/o. Ho. No 2-87, Kankala Village, Waddepally Mandal, Jogulamba Gadwal District.
... Petitioner/Al & 2
AND
The State of Telangana, rep. by its Public Prosecutor, High Court of Telangana at Hyderabad, Through The SHO Shanthi Nagar Police Station, Jogulamba Gadwal
... Respo ndenUCom plaina nt
Petrtion 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 proceedings in cc No. 64 of 2026 on the file of the court of Judicial First class Magistrate at Alampur, against the Petrtioners/Al and 2.
l.A. NO: 2OF 2026
Petition under Sectlon 528 of BNSS prayrng that in the circumslances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further against the petitioners/ A1 and A2 in CC No 64 of 2026 on the file the Court of Judicial First Class lvlagistrate at Alampur, Jogulamba Gadwal Dislrict including dispense with the appearance of the petitioner till disposal of the Main Quash Petition.
This Petitron comrng on for hearing, upon perusing the lvlemorandum of Grounds of criminal Petition and upon hearing the arguments of Sri G chandrashekar, Advocate for the Petitioner and the Mr. Jithender Rao Veeramalla Additional public prosecutor on behalf of the Respondent The Court made the following ORDER
IN THE IIIGH COTJRT FOR THE STATE OF TELANGANA
ATHYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16698 of 2026
CNR No.HBHC010686502026
Date: 09.10.2026.
Between:
Bairipogu Swamy Das and another
..Petitioners
AND
The State ofTelangana
...Respondent
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ORDER
This Criminal Petition has been filed by the petitioners/accused Nos.l and 2 seeking to quash the proceedings in C.C.No.64 of 2026, on the file of the Judicial First Class Magistrate, Alampur.
2. Heard Mr.G.Chandrashekar, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent.
3. The specific allegation against the petitioners/accused Nos.l and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 14.01.2026, the petitioners were found in possession of 2l .60 quintals of PDS rice'
4. Learned 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 thattheoffencesallegedagainstthepetitionersthereincouldnotbe 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 leamed 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 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 petitioners have procured PDS rice from 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 avermenl indicating that lhe petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary 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 ol a lawful direction or conlracl. In the absence of essenlial Jactors, on the face of proseculion, this Court finds it to be afl case to ercrcise the jurisdiction under Section 528 of BNSS, 2023. Thus, cot inuance of proceedings againsl the petitioner is abuse of 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 of BNSS by applying 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.64 of 2026, on the file of the Judicial First Class Magistrate, Alampur, against the petitionersiaccused Nos.l and 2, are hereby quashed.
Io, closed w Pending miscellaneous applications, if any' shall stand SD/- L. USHA RANI ASSISiANT REGISTRAR //TRUE COPY// SECTION OFFICER Advocate tOPUCI
1. rhe J udicial M asistrate o{f-"'#:;:''i #;nl: "" station, Josulamba Gadwal The Station House Officer' Distnct ^ lsecutor, High Court for the State of Telangana' at Two CCs to the Public Prt Hvderabad (OUT) O"" a" to Sl G Chandrashekar' Two CD Coptes I)L/CNK
HIGH COURT DATED: 0911012026
ORDER
CRLP.No.16698 of 2026 ALLOWING THE CRIMINAL PETITION ( IH ra- ? a 16 1CT tqtc L €ccPf",b lr \6 6\EE, I I ! I II