Telangana High Court
CRLP/15957/2026 of Rahul Nanji Nagesh, Vs The State of Telangana, on 29 September 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY NINTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CR IMINAL PETITION NO: 15957 OF 2026 Between: 1. Rahul Nanji Nagesh,, S/o Nanji Nagesh,Occu-Driver, age- 23 years,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
TUESDAY, THE TWENTY NINTH DAY OF SEPTEIVBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 15957 OF 2026
Between:
1. Rahul Nanji Nagesh,, S/o Nanji Nagesh,Occu-Driver, age- 23 years, R/o H No 139, Rabrivas,Baradia, Kalyanpur, Jamnagar, Gu.iarath-36'1335, Ph.
no.9265418962
2. Var.linath Jamedar,, S/o Dulappa, Occu-Business, age- 39 years, R/o H.no 24, Kasimpur (chitgoppa), Bhaimalli, Bidar, Karnatka-585226 Pone no.7892760055
...PETITIONERS/ACCUSED NO.1 and 2
AND
'l . The State of Telangana,, (S.H.O.Pulkal Police station) Rep.by Public Prosecutor, High of Judicature at Hyderabad
2. tr/d. Shajeeudd in, S/o lr/d.Khaja Ghousoddin, Age- 39 years,Occu-Deputy Tahasildar,(CS), 0/0 District Civil Supplies Office (CS), Sangareddy district
...RESPONDENTS/COMPLAINANTS
Petition under section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of criminal Petition, the High court may be pleased to Quash the proceedings against the petitioners No.s 1 and 2 herein in cc No.69 of 2025, On the file of Judicial First Class lVlagistrate Andole court at Jogipet.
l.A. NO: 2 OF 2026
Petition under Section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of criminal Petition, the High court may be pleased to stay all further proceedings against the petitioners/ Accused No.s 1 and 2 in cc NO.69 of 2025, On the file of Judiciat First class lvlagistrate Andole court at Jogipet.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri DASI RAIVESH, Advocate for the Petitioner and Srr Jithender Rao Veeramalla, the Addl. Public Prosecutor on behalf of the Respondent No.1 and none appeared on behalf of the Respondent No.2.
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVIIS RAO
CRIMINAL PETITION No.l 5957 of2026
CNR.No. HBHCO1 0671262026
Date:29.09.2026
Between:
Rahul Nanji Nagesh and another
..Petitioners
AND
The State ofTelangana, and another
.Respondents
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ORDER
This Criminal Petition has been filed by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.69 of 2025, on the file of the Judicial First Class Nlagistrate, Andole Court at Jogipet.
Heard Mr.Dasi Ramesh, learned counsel for the petitioners and Mr'.Jithender Rao Veeramalla, leamed Additional public P rosecutor for respondents.
The speci,f,c.allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to .- sell the same for profit and oL 05.04.2025, the petitioners were found in possession of 285 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 untenabie 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.
lEU
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 liom the dealer. 7 . A Coordinate Bench of this Courr in Crl.p.No.722l of 2025 has considered the identical facts and observed that: "There is no qyerment indicating. that the petitioner in atly way deceptively inducetl the beneficiaries to part with the supphecl pDS rice or rhe bene/ic:iary entrusled the PDS rice purcha_sed by them Nith the petitioner and they dishonestly misdppropriated or conyerted rc their own use or used it in violation of a luwful direction or controct. In the ubsence o/ essential factors, on the face of prosecution, this Court fncls it to be qfit cqse to exercise the jurisdiction under Section 528 ofBNSS, 2023. Thus, continudnce ofproceedings against the petitioner is abuse of process 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.69 of 2025, on the flle of the Judicial First -
Class Magistrate, Andole Court at Jogipet, against the petitioners/accused Nos.1 and 2, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed SD/-G. DEEPIKA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER
1. The Judicial Magistrate of First Class Andole court at Jogipet'
2. The Station House Officer, Police Station Pulkal, Sangareddy District
3. TwoCCstoPUBL|CPRoSECUTORHighCourtfortheStateofTelangana, at Hyderabad [OUT] 4 One CC to SRl. DASI RAMESH Advocate IOPUC]
5. Two CD CoPies K/GNK
To, )h- ,TP
HIGH COURT DATED: 2910912026
ORDER
CRLP.No.15957 of 2026 CRIMINAL PETITION IS ALLOWED 1ti; S !-A r.c- -t ,l iG rr':'i Ol 07 0gr2lp$ ! 5/ f,od b
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