CRLP/16385/2026 of Methri Santhosh 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: 16385 OF 2026

Between:

lVlethri Santhosh, S/o lVlethri [Vlashnu Gonda, Age 41 years Occ Agriculture R/o H No 2-41A, Chinna Gonda, Jukkal Mandal, Kamareddy Distrrct, Telangana State.

...Petitioner/Accused

AND

1. The State of Telangana, Rep by Public Prosecutor High Court for the State of Telangana At Hyderabad.

2. P lt/ohan, S/o Narayana. Age 40 years Occ DT(CS) R/o Jukkal Town, Kamareddy District, Telangana State.

...Respondents

Petition under Section 528 of BNSS, 2023 praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against the petitioner/Accused in FIR No 153 of 2026 on the frle of the SHO Jukkal PS Kamareddy District.

l.A. NO: 2 OF 2026

Petition under Section 528 BNSS, 2023 praying that in the circumstances stated in the lt/emorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings against the Petitioner/Accused rn FIR

No 153 ot 2026 on the file of the SHO Jukkal PS Kamareddy District pending disposal of the main cnminal petition This Petition coming on for hearing, upon perusing the lVemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Alluri Divakar Reddy, Advocate for the Petitioner and the Mr. 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 HIGH COURT FOR THE STATE OF I'ELANGANA

AT HYDf,RABAD

.THE HONOURABLE SRI JUSTICB J.SREENIVAS RAO

CRIMINAL PETITION No.l 6385 of2026

CNR No. : HBHC010685442026

Date: 06.1o.2026

Betrveen

Methri Santhosh

.l)etitioner

AND

The State of Telangana and another

...Respondents

ORDBR

This Criminal Petition has been filed by the petitioner/accused seeking to quash the proceedings in F.I.R.No.153 of 2026 of Jukkal Police Station, Kamareddy District, registered for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act')

2.

Heard Mr.Alluri Divakar Reddy, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1

fhe specific alregation against the petitionerraccused is that he has procured pI)S rice from the beneficiaries at cheaper rate to sell )

the same for profit and he was found in possession of 15 quintals of PDS rice.

4.

Leamed counsel for the petitioner 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 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, 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 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 fiom the beneficiaries after supply fiom the dealer

7.

A Coordinate Bench of this Court in Crl.p.No.7227 of 2025

has considered the identical facts and observed that:

'.7here is rut averment incltcatin,q rhat the petitioner ih any v)(ry deceptively induced the beneficianes ta part with the supplied pDS rice or the benefciary entnur"i'^" rO, .tc( purchu:ed by then utth the pehlioner and they disfu.tnesrly ni.soFpropriated or :onverted to their own usc or used it in riolohon of a k *ful ctirectitrn o." cintract. tn :he obsente ofessential fottor:. on rhefttce o;fpror"rut,on, this C<turt finds u r:o be o lt cosL to aiercise rhe jurisdrcti.,n under S!(.tion 52g of BNSS, 2A)j. ihu:_

"ontin orr"

rtJ proceedrnqs qatnst the pe.ittoner is abuse o-[ process ctf 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 52g of BNSS bv applying the same analogy and to quash the proceedings against the petitioner herein

9.

Accordingly, the Criminal petition is allou,ed and the proceedings ln F.LR.No.153 of 2026 of Jukkal police Starion, Kamareddy District, against the petitioner/accused, are hereby quashed Pending miscellaneous applications, if any, shall srand closed To, //TRUE COPYII

SD/- K. VANI

ASSISTANT REGISTRAR

SECTION OFFICER

'1 . The Judrciai Fjrst Class Magistrate at Bjchkinda.

2 The Station House Offjcer, Jukkal poljce Statjon Kamareddy District 3 Two ccs to the pubric prosecutor, High court for the state of rerangana, at Hyderabad (OUT)

4. One CC to Sri Alluri Divakar Reddy, Advocate [OpUC]

5. Two CD Copies

DL/GNK

f*-

HIGH COURT

DATED: 0611012026