CRLP/16348/2026 of Pittala Sai Krishna Vs The State of Telangana on 6 October 2026

ORDER

This Criminal Petition has been filed bv the petitioner/accused seeking to quash the proceedings ln C.C.No.2890 of 2021 on the file of the learned III Additional Judicial First Class Magistrate, at Khammam.

2. Heard Mr.Naraparaju NSVLN Yashawanth, leamed counsei for the petitioner and Mr.Jithender Rao Veeramalla, Iearned 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 cheal)er rate to se1[ the same for profit and on 30.10.2021, the petitioner was found in lrossession of 72.30 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 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 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 from the dealer qll q!lq-!t!t i'-t'

7. A Cloordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no evennent indicuting that the pelitioner in any wqy deceptively induced the benefciaries to part with the supplied FDS rice or the beneJiciary entrusted the PDS rice purchased by them \vith the petitioner and they dishonestly nisappropiatecl or converted to their own use or used it in violation of a lawful direction or contract. In the absence of essential factors, on the face of prosecution, this Court fnds il to be a fil cose to exercise the jurisdiction under Section 528 o.,'BNSS, 2023 Thus, continuunce of proceetlings against the petitioner i.s abuse ofprocess of law".

8. The facts and circumstances of the present case also similar tc, 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 Cl.C.No.2890 of 2021 on the file of the leamed III Additional Judicial First Class Magistrate, at Khammarn. against the petitioner/accused, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/.C. DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The lll Additional Judrcial First Class Magistrate at Khammam

2. The Station House Officer, Ragunathapalem Police Station, Khammam

3. Twc CCs to Publrc Prosecutor, High Court for the State of Telangana at Hyderabad [OtJT] To,

1 9n" CC to Sri Naraparaju NSVLN yashwanth, Advocate [OPUC]

5. Two CD Copies ABK,/GNK

HIGH COURT DATED: 0611012026

ORDER

CRLP.No.'16348 ot 2026 ALLOWING THE CRIMINAL PETITION a k . r-'E STa 7€ 14 ocr 2[26 c() za * a\iiO \q .r,-