Telangana High Court
CRLP/16590/2026 of Yellenki Viran Kumar @ Veeraiah Vs The State of Telangana on 8 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16590 OF 2026 Between: Yellenki Viran Kumar @ Veeraiah, S/o Bhadraiah Age 41 years Occ Business R/o HNo
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THURSDAY, THE EIGHTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 16590 OF 2026
Between:
Yellenki Viran Kumar @ Veeraiah, S/o Bhadraiah Age 41 years Occ Business R/o HNo 8-4-600/1 Ganesh Nagar Karimnagar Karimnagar District
...PETITIONER/ACCUSED No. 3
AND
1. The State of Telangana, Rep by Public Prosecutor High.Court at Hyderabad through SHO PS Godavarikhani-l Town Peddapalli District
...RESPONDENT
2 Gopidi Ravinder Reddy S/o Ram Reddy Age tvlajor Occ Deputy Tahsildar (Civil Supplies) Peddapalli R/o Pragathinagar Karimnagar Karimnagar District
...RESPONDENT/DEFACTO COMPLAINANT
Petition under Section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of Crrminal Petition, the High Court may be pleased to call for the records relating to CC No'176 Of 2026 on the file of the I Addl. Junior Civil Judge cum lAddl Judicial Magistrate of First-class At Godavarikliani agatnst the Petitioner/ Accused No 3 and quash the same.
l.A. NO: 2 OF 2026
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 grant stay of all further proceedings in CC No176 Of 2026 on the file of the I Addl Junior civil Judge cum lAddl Judicial Magistrate of First-class At Godavarikhant including appearance of the Petitioner/ Accused No3 till the disposal of the Criminal Petition.
This Petition coming on for hearing, upon perusing the [/emorandum of Grounds of Crimrnal Petition and upon hearing the arguments of Sri Anuganti Praneeth, Advocate for the Petitioner, Public Prosecutor on behalf of the Respondent No. 1 and none appeared for the Respondent No. 2.
The Court made the following: ORDER
I
INTHE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16590 of 2026
CNR No. : H8HC010691852026
Date: 08.10.2026
Between:
Yellenk-i Viran Kwar @ Veeraiah
Petitioner
AND
The State ofTelangana and another
Respondents
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ORDER
This Criminal Petition has been filed by the petitioner/accused No.3 seeking to quash the proceedings in C'C No 176 of 2026 on the file of the ieamed I Additional Junior Civil Judge-cum-I Additional Judicial Magistrate of First Class at Godavarikhani'
2. Heard Mr.Anuganti Praneeth, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.1
The specihc allegation against the petitioner/accused No 3 is that he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 06.12.2024, the petitioner was found in possession of 27 quintals of PDS rice. \ 4**b, ..
4. Leamed counsel for the petitioner would submit that witirout there being any complaint fiom any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitroner for prosecution is untenable and improper. The allegations, even taken at his face value camot be sustained against the petitioner. Further, this Court, in Crl.p.No.5709 of 2019, whrle considering the same situation, categorically observed that the offences alleged against the petitioners 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 prr:ceedings against the petitioner.
5. The leamed Additional public prosecutor submits tllat as per prosecution, the offences said to have been committed by the pelitioner is cheatrng and violation of Section 7 of the EC Act and rec.uested to pass appropriate orders.
6. Section 7 of the EC Act contemplate that any person corltravenes rvith the production, supply, distribution an<l trade of essential comn-rodrties, is punishable. As per the prosecution, the per.itioner has procured pDS rice from the beneficiaries afier supply frc,m the dealer.
a
7. ACoordinateBenchofthis Court in Cr1.P.No.1227 of 2025 has considered the identical facts and observed that "There is no avement indicatmg lhat lhe pelilioner in any way deceptbely induced the beneftciarLes to port with the supplied PDS rice or the beneJiciary entrusted lhe PDS rice purchased by them with the petitionet lnd lhey dishonestly r isapproprtaled or converled to their own use or used it in violation of a lawful direction or contract. In the absence of essentral fqctors, on the face ol prosecution, this Court fihds it to be a ft case to exerase the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings ogainst the petttoner is qbuse 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 applying the same analogy and to quash the proceedings against the petitioner herein.
9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.176 of 2026 on the file of the leamed I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First Class at Godavarikhani, against the petitioner/accused No.3, are hereby quashed. Pending miscelianeous applications, if any, shall stand closed' SD/- B REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// /tu2 T(ON SEC OFFICER The lst Additional Judicial Magistrate of First Class at Godavarikhani TheStationHouseofficer,Godavarikhani-lTownPoliceStation,Peddapalli District n ^
To,
3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyclerabad [OUT]
4. One CC to Sri Anuganti Praneeth, Advocate [OPUC]
5. Two CD Copies VH/ABK
HIGH COURT DATED: 0811012026
ORDER
CRLP.No.16590 of 2026 ALLOWING THE CRIMINAL PETITION ? STAI€
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