CRLP/16005/2026 of Parmati Pakirappa, Vs The State of Telangana, on 30 September 2026

ORDER

This Criminal petition has been fited by the petitioners/accused Nos.i and 2 seeking to quash the proceedings in C.C.No.204 of 2021 on the file of the leamed principal Judicial Magistrate First Class at Kodangal.

2. Heard Mr.G.Basappa, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional public Prosecutor f<rr respondent No. L

3. The specific allegation against the petitioners/accused Nos.1 and 2 is that they have procured pDS rice from the benehciaries at cheaper rate to sell the same for profit and on 11.11.2020, the petitioners w'ere found in possession of 72 quintals of pDS rice.

4. Leamed counsel for the petitioners would submit that without there being any complaint fiom 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 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.

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7. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: "There i.s no ayerment indicating thqt the petitioner in anv wuy deceptivelv incluced the beneJiciaries to part with the supplied pDS rice or the beneficiary entrusted the PDS rice purchased by tht:m with the petitioner and they dishonestly mtsappropriated or converted to their otrn use or used it in violation of a lawful drection or contrqct. In the absence of ess ential factors, on the face ofprosecution, this Court finds it to be a fit cose b exercise the jurisdiction under Section 528 r.tJ BNSS, 2023. Thus, continuance of proceedings against lhe petitioner is abuse of process of law".

The facts and circumstances of the present case also similar to those in the above case and hence, this Court f,rnds it to be a fit case to ext:rcise 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 ailowed and the proceedings in C.C.No.204 of 2021 on the file of the leamed Principal Judicial Magistrate First Class at Kodangal, against the petitioners/accused Nos. I and 2, are hereby quashed Pending miscellaneous applications, if any, shall stand closed SD/- B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To,

1. The Princrpal Judicial N/agistrate First Class at Kodangal, Vikarabad Dtstrict 2 The station House officer, porice station Kodangar, Vikarabad District 3 Two CCs to pUBLTC pRosECUTOR High court for the State of rerangana, at Hyderabad [OUT]

4. One CC to SRt. c BASAPpA Advocate IOpUCI

5. Two CD Copies TPK/GNK @

HIGH COURT DATED: 3010912026 gE SrA

It oxi k c, IT 88 0

ORDER

CRLP.No.16005 ot 2026 CRIMINAL PETITION !S ALLOWED .b i G f.: i. o t .Ff "eg "\ v ('(