CRLP/16138/2026 of Amirishetty @ Banda Srinivas Vs The State of Telangana on 5 October 2026

ORDER

This Criminal Petition has been filed seeking trt quash the proceedings in FIR No.508 of 2026 of Sircilla Town Police Station, Rajanna Sircilla District, wherein the petitioner was arrayed as accused 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, 195.5 (for short 'liC Act')

Heard IlIr.K.Venu Madhav, learned counsel for the petitioner and Mr.Jighender Rao Veeramalla, leamed Additional Prrblic Prosecutor for respondents

3. The specific allegation against the petitioner is that he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for prof,rt and on 09.09.2026, the petitioner was found in possession of 458.90 quintals of PDS rice

4. Learned counsel for the petitioner would submit that without there being any complaint from any beneficiary, alleging that the rlce 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 Courl, in Cr1.P.Nos.5709 of 2019 and 3349 of 2015, while considering the same situation, categorically observed that the offences alleged against the petitioners therein couid 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 leamed 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.

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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. 1 . A Coordinate Bench of this Court in Cr1.P.No.7221 of 2025 has considered the identical facts and observed that: "There is no ayerment intlicating that the petitioner in ary woy deceptively induced the benejiciaries to part with the supplied PDS rice or the benefciary entrusted the PDS rice purchased by them uith the petitioner and they dishonestly misappropriated or conyerted to thelr own use or used it in violation of a lawful direction or contract. In the absence rsf essential factors, on the face ofprosecufion, this Court finds it to be a /it case to exercise lhe jurisdiction uncler Section 528 oJ'BNSS, 2023. Thus. continuance of proceedings against the petitioner is abuse of process of law'

The facts and circumstances of the present case also similar tc,those in the above case and hence, this Court finds il 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 allowerl and the proceedings in FIR No.508 of 2026 of Sircilla Town Police - l" t t Station, Rajanna Sircilla District, against the petitioner/accused, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPYII SECTION OFFICER

1. The Principal Judicral First Class Magistrate at Sircilla

2. The Station House Officer, Sircilla Town Police Station, Rajanna Sircilla District.

3. One CC to I\,4 r. K. Venu [\/adhav, Advocate [OPUC]

4. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT]

5. Two CD Copies KAIM/GNK

To, ,..' \YY

HIGH COURT DATED: 0511012026

ORDER

CRLP.No.16138 of 2026 ALLOWING THE CRIMINAL PETITION , STATE o (

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