CRLP/16370/2026 of Narayana Narasimha Rao Vs The State of Telangana on 6 October 2026

ORDER

This Criminal Petition has been filed by the petitioners/accused Nos. I and 2 seeking to quash the proceedings in C.C.No.2 67 | of 2025 on the file of the learned I Additronal Judicial First Class IUagistrate at Khammam

Heard N'lr.Naraparaj u NSVLN Yashwanth, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional P.rblic Prosecutor for respondent No.1

3. The specific allegation against the petitioners,/accused Nos.l and 2 is that they have procured PDS rice from the ben,:ficiaries at cheaper rate to sell the same fbr profit and they rvere found in possession o 1' 84 quintals of PDS rice Date: 06.10.2026

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4. Leamed counsel for the petitioners would submit that without there being any complaint from any beneficiary, alieging 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 Cr1.P.No.5709 of 2019, while considering the same situation, categorically observed that the offences alleged 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 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

','. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 f:as considered the identical facts and observed that "ThL,re is no q|erment inclicoting that the petitioner in any *.tt1- dec'epti el,, inducecl the benefciaries to part tith the supplied f DS rice or the beneJicictry entrusted the PDS rice purchased by them y.,ith the petitLonrr ctnd they dishonestly misoppropriated or conyerted to their own use or ttsed it in violation of a law./ul direcrion or contract In the ttbsence of essential fac tors, on the ltLce of proseculion, this Corrtrtnds it dt l,e o lir cese to e\ercise the lunsdiction under Sectiotr i28 of 8,\5,! 2023. Thus, conttnuonce ofproceedings tlgainst the petittoner ts qbuse of ltrocess of low".

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 applyrng the same analogy and to quash the proceedings against the petitioners herein

Accordingly, the Criminal Petrtion is allowed and the proceedjngs in C.C.No.2671 of 2025 on the file of the learned I Additronal Judicial First Class Magistrate at Khammam, against the petitionerslaccused Nos.1 and 2, are hereby quashed Pending miscellaneous applications, if any, sha1l stand closed. SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR ,TRUE COPY' SECTION OFFICER To, '1 . The I Additional Judicial First Class Magistrate at Khammam 2 The Station House Officer, Enkoor Police Station, Khammant

3. Two CCs to Public Prosecutor. High Court for the State of Telangana at H'yderabad [OUT] 4 One CC to Sri Naraparaju NSVLN Yashwanth, Advocate [OPUC]

5. T,aro CD Coples Aq-

HIGH COURT DATED: 0611012026

ORDER

CRLP.No.16370 ot 2026 ALLOWING THE CRIMINAL PETITION It ,E Si/rf€ k t 2U26 ,A i) 16 ocT ')') * -* ('q \ \_- R.r \ro1rt-