CRLP/16016/2026 of Bhukya Devi Singh, Vs The State of Telangana, on 5 October 2026

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in FLR.No. 167 of 2026 of Rajapet police Station, yadadri Bhrrvsnagl.i District, wherein the petitioners were array.ed as accused Nos.3 and 5. for the offences punishable under Section 318(4) r/w 3(5) of the Bharatiy'a Nyaya Sanhitha, 2023 (for short ,BNS,) ancl Se;tion 7 ri w l7(e) of the Essential Commodities Acr, 1955 (for short ,EC' Acr ,).

2. Heard Mr.Somavarapu Satyanarayana, learned counsel lor the petitioners and Mr.Jithender Rao Veeramalla. leamed Additional public Prosecutol for respondent No. 1.

3. The specrlic allegation against the petitioners/accuscd Nos.3 and 5 is fhat they have procured PDS rice lrom the beneflciaries at cheaper rate to sel1 the same lor profit and on 12.09.2026. the petitioners were lbund in posscssion o1324.50 quintals ofPDS rice.

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 wirh a criminal intent and charging the petitioners lor 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 considenng the same situation, categoncally 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 cluash 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 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 oommodities, is punishable. As per the prosccution, the petitioners have procured PDS rice from the beneflciaries after supply from the dealer.

1. A, Coordinate Bench of this Couft in Crl.P-No.7227 of 2025 has considered the identical facts and observed that "There is no averment indicating that the petitioner in any way deceptively induced the beneJiciaries to pqrt with the supplied PDS rice or the benefciata) entrusted the PDS rice purchased b1: them with the petitioner and ther- dishonestly

To, misappropriated or converted to their own use or used it in violation of a lawful direction or contract. In the absence of essential foctors, on the face of prosecution, this Court.find.s it to be afit case to exercise the jurisdiction under Section 526' of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse ofprocess of law"

8. l'he 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 ofBNSS by applying the same analogl and to quash the proceedings against the petitioners herein.

9. Accordingly, the Criminal Petition is allowed and the proceedings in F.l.R.No.167 of 2026 of Rajapet Police Station, Yadadri Bhuvanagiri District, against the petitioners/accused Nos.3 and 5, are hereby' quashed. Pending miscellaneous applications. ifany. shall stand closed. SD/- P. PONNA KRISHNA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Judicial t\4agistrate of First Class. Yadagirigutta

2. The Station HoLrse Officer, Police Station Rajapet, Yadadri Bhuvanagirt District.

3. Tvro CCs to PUBLIC PROSECUTOR Hrgh Court for the State of Telangana at Hyderabad [OUT] 4 One CC to SRI SOIvIAVARAPU SATYANARAYANA Advocate [OPUC]

5. Two CD Copies TPK/GNK Qr

HIGH COURT DATED: 0511012026

ORDER

CRLP.No.16016 ot 2026 CRIMINAL PETITION IS ALLOWED 1 g STATE F gt'r--l ,, o f,),J $s $tI 2uE i6 i-- t'.io .bi {+ cp{} tr-- I