Telangana High Court
CRLP/16493/2026 of Puttabanthi Yellaiah Vs The State of Telangana on 7 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY. THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITIO N NO: 16493 OF 2026 Between: 1. Puttabanthi Yellaiah, S/o Janaiah Age 36 yrs Occu: Driver R/o Thammara V
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY. THE SEVENTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITIO N NO: 16493 OF 2026
Between:
1. Puttabanthi Yellaiah, S/o Janaiah Age 36 yrs Occu: Driver R/o Thammara V
Kodad M Suryapet Dist
2. Jilla Kiran, S/o Ramulu Age 35 Yrs Occu: Driver R/o Akupamula V lvlungala M
Suryapet
...PETITIONERS/ACCUSED No.1 & 2
AND
1. The State of Telangana, rep by the pubhc Prosecutor High Court of Telangana Hyderabad
2. Sri G Ashok, Sl of Police PS Nelakondapally Khammam Dist, Telangana.
..RESPONDENTS
Petition under Section 528 of BNSS, praying that in the circumstances stated in the l/emorandum of Grounds of criminal Petition, the High court may be pleased to quash the proceedings ln CC No 1O2 of 2021 on the file the Court of Addl Judicial First Class IVlagistrate Spl l\ilobrle at Khammam Khammam District against the Petltioner/Accused.
l.A. NO: 'l OF 2026
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 grant stay of all further proceedings against the petitioner/Accused in cc No 102 of )O2t on the file the Court Of Addl Judicial First Class Magistrate Spl lVobile at Khammam Khammam District This Petition coming on for hearing upon perusing the lrrlemorandum of Grounds of Criminal Petitron and upon hearing the arguments of Sri Gudisa Anil Kumar, Advocate for the Petitioners and of Sri. Jithender Rao Veeramalla. the Additional Public Prosecutor on behaif of the Respondents The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENTVAS RAO
CRIMINAL PETITION No.16493 of 2026
CIr[R.No. HBH C0 10693062026
Datet 07.lO.2026
Between:
Puttabanthi Yellaiah and another
...Petitioners
AND
The State ofTelangana, and another
...Respondents
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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.l02 of 2021 on the file of the Judicial First Class Magistrate (SPL MOBILE) at Khammam.
2. Heard Mr.G.Anil Kumar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents.
3. The specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 09-07 -2020, the petitioners were found in possession of 4300 kgs 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 altegations, even taken at their face value cannot be sustained against the petitioners. Further, this Court' in Crt'P'No'5709 of 2019. while considering the same situation, categorically observed that the offences alteged against the petitioners therein could not be 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 Cr1.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no averment indicating thal lhe petitioner in any way deceptively induced the benefciaries to parl v'ith lhe supplied PDS rice or the beneficiary entrusted lhe PDS rice purchased by them with lhe petilioner and they dishonestly misappropriated or converted to their oten use or used it in violation of a lawful direction or conlrocl- In the absence of essential faclors, on the lace oJ proseculion, this Court finds it lo be artt case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petilioner is abuse 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 petitioners herein.
9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No. 102 of 2021 on the file of the Judicial First
To R.R Class Magistrate (SPL MOBILE) at Khammam' against the petitioners/acc used Nos.l and 2, are hereby quashed Pending miscellaneous applications, if any, shall stand closed SD/-L VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY' SEC o ICER
1. The Judrcial Frrst Class lvlagistrate (Spl [/obrle) at Khammam.
2. The Station House Officer, Nelakondapally Police Station Khammam District.
3. Two CCs to Public Prosecutor, High Cou( for the State of Telangana, at Hyderabad [OUT] 4 One CC to Sri. Gudisa Anil Kumar, Advocate [OPUC] 5 Two CD Copies PII,\BK
t.
HIGH COURT DATED: 0711012026
ORDER
CRLP.No.16493 of 2026 <iE cF r b ^9 ot ) ) $$s \ C, F + i$ c t I.i-' D7lr+ \4'
ALLOW!NG THE CRIMINAL PETITION 8c- pe s \?\to ( z-c 7e