CRLP/16379/2026 of Chirra Venu Vs The State of Telangana on 6 October 2026

ORDER

This Criminal Petition has been filed by the petitioner/accused No.4 seeking to quash the proceedings ln C.C.No.14l5 of 2021 on the file of the learned I Additional Judicial Magistrate of First Class at Sathupally.

2. Heard Mr.G.Raghu, leamed counsel for the petitioner and Mr Jithender Rao Veeramalla. leamed Additional Public Prosecutor for respondent No.I .

3. The specific allegation against the petitioner/accused No.4 is that he has procured PDS rice from the benehciaries at cheaper rate to sell the same fbr profit and on 05.10.2021, the petitioner was found in possession of 241.30 quintals of PDS rice.

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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 from the beneficiaries after IEIET

'7 A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed thal: "There ts no qverment indicating that the petitioner in any way decttptively inLluced the beneficiaries to pqrt wilh the supplied Pl)S rice or the beneJiciury entrusted the PDS rice purchased by them vith the petitioner and they dishonestly mtsqpproprialed or converted lo their own use or used it in violation of a lawful direction or contract. In the qbsonce of essential factors, on theface ofprosecution, this Court finds it to be a fit case k) exercise the jurisdiction untler Section 528 oJ BNSS' 2023. Thus, continuance of proceedings againsl the petiliL)ner is abuse of proces.s of l,tw "

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 petitioner herein. g. Accordingly, the Criminal Petition is allowecl and the proceedings in C.C.No.1415 of 2021 on the file of the leamed I Atlditional Judicial Magistrate of First Class at Sathupally, against the petitioner'/accused No.4, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. //TRUE COPY// SD/-C. DEEPIKA ASSISTANT REGISTRAR SECTION OFFICER

To, The lAdditional Judicial Magistrate of First Class at Sathupally

2. The Principal Junior civil Judge cum Judicial First Class Magistrate at Sathupally

3. The Station House Officer, Katloor Police Station, Khammam 4 One CC to SRl. GAJE RAGHU, Advocate [OPUC]

5. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] 6 Two CD Copies ADK/GNK \+

HIGH COURT DATED: 0611012026

ORDER

CRLP.No.16379 of 2026 ALLOWING THE CRLP 1 4 ocT 2m6 Zo (r6E S lATq.' o+ ' a;. ,:.() q .Jot) i "l * cod+ 'fr"' a