Telangana High Court

CRLP/15884/2026 of Mohd Nahid Vs State of Telangana on 29 September 2026

Cites 0, Cited by 0

IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 15884 OF 2026 Between: 1. Mohd. Nahid, S/o lVohd Ail Baig (Late), age. 30 years, Occ. Foot wear

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

TUESDAY, THE TWENTY NINTH DAY OF SEPTEMBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITION NO: 15884 OF 2026

Between:

1. Mohd. Nahid, S/o lVohd Ail Baig (Late), age. 30 years, Occ. Foot wear Business, Caste. Muslim R/o H.No.19-3 -2631E120, Jahanuma Achi Reddy Nagar, Charminar, Hyderabad.

2. Mohd. Akbar Qureshi, S/o lt/lohammed lbrahim Qureshi, age. 3'1 years, Occ.

Business, Caste. Muslim, R/o NS Kunta, Jahanuma, Hyderabad N/o H.No- 19-1-1O62n l2B, Near Bahadurpura Police Station, Bahadurpura, Hyderabad.

...Petitioners/Accused 1 and 2

AND

1. State of Telangana, Rep. By its Public Prosecutor, High Court of Telangana at Hyderabad,

2. Sri Y. Rama Krishna, S/o. Late Y. Balraj, Age. 40 Years, Occ. Deputy Tahsildar, O/o. DCSO, R.R District, R/o. H No Flat No.601, YBR Park Apartment, Hyderguda.

...RespondenUDefacto Complainant

Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to QUASH the proceedings in C.C. No. 1617 of 2026 on the file of the court of the Principal Junior Civil Judge - cum Judicial [/agistrate of First Class, Ranga Reddy District At L.B.Nagar against the petitioners/ accused.

l.A. NO: 2 OF 2026

Petrtion under Section 528 of B.N.S.S. praying that rn the circumstances stated in the lvlemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant STAY of all further proceedings including the appearance of the petitioner/

accused in C.C. No. 1617 of 2026 on the ftle of the court of the Principal Junior Civil J udge-cu m-J ud icial lt/agistrate of First Class, Ranga Reddy District At L.B.Nagar, pending disposal of the above criminal petition.

=E!rlltlrtt7

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C Vivekanand, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1

The Court made the following: ORDER

,-.

/

IN THE HIGII COUR

FORTHE STATE OF TELANGAIIA

AT HYDERABAD

THE TIONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.15884 of .,026

CNR No. : HBHCO10665732026

Datez 29.09.2026

Between:

Mohd Nahid and another

Petitioners

AND

The State ofTelangana and another

Respondents

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

ORDER

This Criminal Petition. has been hled by the petitioners/accused Nos.l and 2 seeking to quash the proceedings in C.C.No.1617 of 2026 on the file of the learned Principal Junior Civil judge-cum-Judicial Magistrate of First Class, Ranga Reddy District at L.B.Nagar.

2. Heard Mr.C.Vivekanand, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for resPondent No. i

3. The specific atlegation against the petitioners/accused Nos'1 and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sel1 the same for profit and on 04.04.2026, the petitioners were found in possession of 172 quintals of PDS rice.

-

4. Learned counsel. for the petitioners would submit that without there being any complaint from any benefrciary, 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 Cr1.P.No.5709 of 2019, while considering the same situation, categoricalll. 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 learned 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 anv person contravenes with the production, supply, distribution and trade of essential commodities, is punishable. As per the prosecution, the peti;ioners have procured PDS rice from the beneficiaries after supply lrorn the dealer a- J

7. A Coordinate Bench of this Court in Cr1.P.No.72Z7 of 2025 has considered the identical facts and observed that: ''There is no qverment indicatint that the pentioner in on! way deceplively m.luud the beneftcianes to part wilh the supplied PDS rice or the benertciary entntsted the PDS rice purchosed by them v)ith the petilioner dnd they dishonestly nisapproprioted ot conve ed to their own use or usecl it in vtolation of a hnful direclion or conlracl. ln the obsence of essential Jactors, on the face of prosecution, thts Coud rtnds it to be alt case to exercise the jurisdiclion under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse 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 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 C.C.No.1617 of 2026 on the file of the leamed Principal Junior Civil judge-cum-Judicial Magistrate of First Class, Ranga Reddy District at L.B.Nagar, against the petitioners/accused Nos.l and 2,arehereby quashed. Pending miscellaneous applications. if anv, shall stand SD/- B. REKHA RANI closed. ASSTSTANT REGTSTRAR //TRUE COPY// It_ SECTION OFFICER To, i I I

1. The Principal Junior Civil Judge - cum Judicial f\Iagistrate of First Class, Ranga Reddy District At L.B,Nagar

2. The Station House Officer, Pahdishareef Police Station, Hyderabad.

3. Two CCs to the Pubhc Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to Sri C Vrvekanand, Advocate [OPUC]

5. Two CD Copies GNK

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.15884 of 2026 ALLOWING THE CRIMINAL PETITION .1a.\-" '\ ,'\'

l) 5 tltT 2m ,\- t.--' ii!.) i, -] r:a V o

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead