CRLP/16545/2026 of Shaik Abdul Yasar Salman Vs The State of Telangana on 7 October 2026

ORDER

This Criminal Petition has been filed by the petitioner/accused No.3 seeking to quash the proceedings in C.C.No.l532 of 2022 on the file of the leamed II Additional Magistrate of First Class, at Nizamabad District.

2. Heard Mr.S.Satyanarayana, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.1 .

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 profit and or.30.07.2022, the petitioner was found in possession of 292.75 quintals of PDS rice.

4. Learned counsel for the petitioner would submit that vvithout there 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, categoricallv observed that the offences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioner is also entitleci to the same relief anci 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 - J

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 lhat the petitioner in sny 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 misapproprialed or converted to their own use or used it in violation of a ltwful direction or conlracL In lhe absence of essential factors, on the face ofprosecution, this Court finds it to be o fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance ol proceedings against the pelilioner is abuse of process oJ 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. I 532 of 2022 on the file of the leamed II Additional Magistrate of First Class, at Nizamabad District against the petitioner/accused No.3, are hereby quashed' Pending miscellaneous applications, if any, shall stand closed. /TTRUE COPY// SD/- B. REKHA RANI ASSTSTANT REGISTRAR SECTION OFFICER

To, The ll Additional Judicial First Class Magistrate at Njzamabad ":.=q-!Ea--!*y

2. The Station District. DL/GNK House Officer, Nizamabad Rural police Station, Nizamabad

3. One CC to Sri Somavarapu Satyanarayana, Advocate tOpUCl

4. Two CD Copies 0r

HIGH COURT DATED: 0711012026

ORDER

CRLP.No.16545 of 2026 1 g'F- SlAtq- -) a,) i-) 0I (]cT 2|.125 ,,,/ ALLOWING THE CRIMINAL PETITION '>- ('i', I -.,f '!.r.0 \"t