Telangana High Court
CRLP/16215/2026 of Syed Mujeeb Vs The State of Telangana on 5 October 2026
COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION NO: 162'15 OF 2026 Between: 1. Syed lt/ujeeb, S/o. Syed Umar, Aged 24 years, Occ Driver, R/o H.No. 3-4-31511,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
MONDAY, THE FIFTH DAY OF OCTOBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL PETITION NO: 162'15 OF 2026
Between:
1. Syed lt/ujeeb, S/o. Syed Umar, Aged 24 years, Occ Driver, R/o H.No. 3-4-31511, Teergally, Bodhan Town and lvlandal, Nizamabad District, Pin code 503185.
2. Shaik Afsar Ali, S/o. Babar Ali, Aged 32 years, Occ Business, R/o. H.No. 9- 37135, Suresh Colony, Morthad Village and Mandal, Nizamabad Distrrct. Pincode
503225.
3. Shaik Hayder @ Hyder, S/o. Sadulla, Aged 30 years, Occ: Busrness, R/o. H No.
4-1-268, YSR Colony, Nirmal Town and District. Pincode 504106.
...Petitioners/Accused Nos. 1 to 3
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad.
2 Sri. M.
5032'1 8
... Respondent No.1
Ravi Das, UDRI (Civil Supplres), It/upkal, Nizamabad District prncode
...Respondent No.2idefacto Complainant
Petition under Section 528 of BNSS praying that in the circumstances stated in lhe lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the impugned proceedings in F.l.R. No. 71 of 2026, on the frle of the Mupkal police Station, Nizamabad District, in so far as Petitioners/ Accused Nos. 1 to 3.
l.A. NO: 2 OF 2026
Petrtron under Section 528 of BNSS praying that in the circumstances stated in the l\.tlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interlm stay of all further proceedings rn F l.R. No 71 of 2026, on the file of the Mupkal Police Station. Nizamabad Distrrct., including appearance and attendance of the Petitioners /Accused Nos. 1 to 3, pending disposal of the above Criminal petition.
This Petition coming on for hearrng, upon perusing the ltilemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Gale Raghu, Advocate for the Petitioner and the l\ilr. Jrthender Rao Veeramalla Addrtional Public Prosecutor on behalf of the Respondent No. 1, (none appeared for the Responrlent No. 2).
The Court made the following: ORDER
IN THE HIGH COURT FOR TIIE STA
TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.16215 of 2026
CNR.No. HBHC010677162026
Date:05.10.2026
Between:
Syed Mujeeb and two others
...Petitioners
AND
The State ofTelangana, and another
...Respondents
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ORDER
This Criminal Petition has been filed seeking to quash the proceedings in FIR No.71 of 2026 of Mupkal Police Station, Nizamabad District, wherein the petitioners were arrayed AS accused Nos.l to 3, for the offences punishable under Section Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act') and Section 17(e) of the Telangana State Public Distribution System (Control) Order, 201 6.
2. Heard Mr.G.Raghu, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.l .
3. The specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 31.08.2026, the petitioners were found in possession of 32.90 quintals of PDS rice.
4. I-earned counsel for the petitioners would submit that without there being any complaint from any beneliciary, 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 Crl-P.No.5709 of 201 9, 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 Essential Commodities Act, 1955 (for short '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.
7. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: "There is no syerment indicating that lhe petitioner in any way deceptively induced the benefciaries to parl with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or conlract. In the absence of essenlial factors, on the face of prosecution, this Court fnds it to be alit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuonce of proceedings qgainst the petilioner 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 proceedings in FIR No.71 of 2026 of Mupkal Police Station,
Nizarnabad District, against the petitioners/accused Nos' 1 to 3, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/- L. USHA RANI ASSISTANT REGISTRAR //TRUE COPY// lThestatlonHoUseofficer.MupkalPoliceStalion,NizamabadDistrict' 2,TWoCCstothePubllcProseculor,HighCourtfortheStateofTelangana,at Hyderabad (OUT)
3. One CC to Sri Gaje Raghu. Advocate [OPUC]
4. Two CD CoPies '., (=- SECTION OFFICER To, DL,G\K
HIGH COURT DATED: 0511012026 i /
) \
E STar $ U (a t; I 16 ACf mq ). \. ].\
ORDER
CRLP.No.16215 of 2026 ALLOWING THE CRTMINAL PETITION 1o $