Telangana High Court
CRLP/16377/2026 of Tellaboina Karthik Vs The State of Telangana on 6 October 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO: 16377 OF 2026 Between: 1. Tellaboina Karthik, S/o Srinivas, Age. 21 yrs, Occ: Student, R/o Krishna Nagar,
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IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE SIXTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION NO: 16377 OF 2026
Between:
1. Tellaboina Karthik, S/o Srinivas, Age. 21 yrs, Occ: Student, R/o Krishna Nagar, Khammam, Khammam District
2. Samboju Ramu, S/o Brahmmam, Age. 36 yrs, Occ: Car Driver, R/o Parshibandam, lt/lustafa Nagar, Khammam, Khammam Dist.
... Petitioners/Acc used No.1 & 2
AND
1. The State of Telangana, rep. by the public Prosecutor High Court of Telangana, Hyderabad.
2. Sri B. Sai Kumar, Sub-lnspector, Khammam I Town, PS, Khammam Dist, Telangana
...Respondents
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 quash the proceedings of CQ.No.2714 of 2024 on the file the Court of I Addl Judicial First Class lt/lagistrate aI Khammam, Khammam District, against the Petitioner/Accused.
l.A. NO: 2 OF 2026
Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the l/emorandum 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.2714 of 2024 on the file the Court of I Addl Judicial Ftrst Class Magistrate at Khammam, Khammam District.
This Petition coming on for hearrng, upon perusing the lt/emorandum of Grounds of Criminal Petition and upon hearing the arguments of N/lr. G. Anil Kumar, Advocate for the Petitioners and [\ilr. Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and None Appeared for the Respondent No.2.
The Court made the following: ORDER
IN THE HIGII COURT FOR TIIE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16377 of 2026
CNR No. : HBHCO 1068s822025
Date: 06.10.2026
Between:
Tellaboina Karthik and another
...Petitioners
AND
The State of Telangana and another
...Respondents
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ORDER
This Criminal Petition has been filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.2714 of 2024 on the file of the learned I Additional Judicial First Class Magistrate at Khammam
2. Heard Mr.G.Anil Kumar, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.1 .
3. The specific allegation against the petitioners/accused Nos.1 and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 09.05.2024, the petitioners were found in possession of 5 quintals of PDS rice - 2
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 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 learned 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 atter supply from the dealer :E!=EEr!E?E7 1 . A Coordinate Bench of this Court in Cr1.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no ayermenl indicating that the 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 bith the petitioner and they dishonestly misappropridted or conyerted tc their own use or used il in violation ofa lawful direction or contrdct. In the absence of essential factors, on the face ofprosecution, this Courtfinds it to be a.fit case to exercise the jurisdiction uncler Section 528 oJ'BNSS, 2023. Thus, continuence ofproceedings again.\t the petitbner 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 ploceedings in C.C.No.2714 of 2024 on the fiie of thr: leamed I Additional Judicial First Class Magistrate at Khammam, against the petitioners/accused Nos.1 and 2, arehereby quashed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR SECTION OFFICER To
1. The I Additional Judicial First Class l\4agistrate at Khammam
2. The Station House Officer, Khammam I Town Police Station, Khammam Distrrct.
3. One CC to IVlr G Anil Kumar, Advocate [OPUC]
4. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT]
5. Two CD Copies KAIV/GNK !
HIGH COURT DATED: 0611012026
ORDER
CRLP.No.16377 of 202fr ALLOWING THE CRIMINAL PETITION as r,l rt\e) \9 o e ofr $$ Li + u- ( gtH r. t- \p