CRLP/16167/2026 of Shri Uma Maheswara Traders, Vs The State of Telangana, on 1 October 2026

ORDER

This Criminal Petition has been filed seeking to quash the proceedings in FIR No.42 of 2026 of Pedda Kodapgal police Station, Kamareddy District, wherein the petitioners rvere arrayed as accused Nos.4 and 5, for the olTences punishable under Section 318(4) of the Bharatiya Nyaya Sanhitha,2023 (for. short ,BNS,) and Section 7 of the Essential Commodities Act, 1955 (for shon 'EC Act'). Heard Mr.Ch.Ravinder, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional public

Prosecutor for respondent No.1

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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 15.04.2026' the petitioners were found in possession of 361.70 quintals of PDS 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 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 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 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.

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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 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 averment indicaling lhat the petitioner in any wqy deceptively induced the beneJiciaries to part wilh the supplied pDS rice or the beneficiary entrusted lhe PDS rice purchased by them with the pelilioner 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 ofprosecution, this Court.finds il lo be a frt case to exercise the jurisdiction under Section 52g of BNSS, 2023. Thus, continuance of proceedings against the petitioner is ubuse ofprocess 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 52g of I3NSS 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.42 of 2026 of pedda Kodapgal police -

To, Station, Kamareddy District, against the petitioners/accused Nos.4 and 5, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed SD/- B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Judicial lrrlagistrate of First ClasS, Bichkunda.

2. The Station House Officer, Pedda Kodpagal Police Station, Kamareddy District 3 Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRl. CH RAVINDER Advocate IOPUCI

5. Two CD Copies TPI(GNK Yt-

HIGH COURT DATED: 0111012026

ORDER

CRLP.No.16167 ot 2026 CRIMINAL PETITION IS ALLOWED tj 0 B 0[T 2[25 ,fe .ftE' b .: