CRLP/15958/2026 of Vaijinath Jamedar Vs The State of Telangana on 29 September 2026

ORDER

This Criminal Petition has been frled seeking ro quash the proceedings in FIR No. I 165 of 2026 of parancheru police Station, C'yberabad, wherein the petitioners were arrayed as accused Nos.1 to 4, for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhitha,2023 and Section 7 of the Telangana Essential Services Maintenance Act. I 971 .

2. Heard Mr.Dasi Ramesh, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional pr"rblic Prosecutor for respondents. Between:

3. The specihc ailegation against the petitioners is that they haveprocuredPDSricefromthebeneltciariesatcheaperrateto se}l the same for profit and on 25 '08 '2026' the petitioners were found in possession of 295'90 quintals of PDS rice'

4. Leamed counsel lor 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' lhe altegations, 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 thattheoft.encesallegedagainstthepetitionersthereincouldnotbe continued and accordingly quashed the proceedings' The are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners'

5. ThelearnedAdditionalPublicProsecutorsubmitsthatasper 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. // _/ petttloners -':;t.+:i

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. has considered the identical facts and observed that: "I'here is no qyerment indicanng thot the petitioner in uny *cr1, detepti'elv induced the beneficiaries to part vtth the supplied pDS rice nr the beneliciarv- entrusted the PDS rice purchased by them t,ith the petitioner arul they dishonestly misdppropricrted or converted to thetr o\ttr Lt:;e or u.\ed it in violation of u lawful direction or conract In tlp absence of essentiql Jbctors, on the.face of prosecution, this Court fntls it to be o ft utse to exercise the jurisdictLon under Section 528 of BNSS, 2423. I'hus, continuonce ofproceedingt agoinst the petitioner i; qbuse qf process o/ lav;"

The facts and circumstances of the present case also similar tc, those in the above case and hence, this Court finds it to be a fit c.rse to exercise jurisdiction under Section 528 of BNSS bv applying the same analogy and to quash the proceedings against the petitioners herein

9. Accordingll,. the Criminal Petition is allou,ed and the prcceedings in FIR No.l 165 of 2026 of Patancheru police Station.

To, Cyberabad, against the petitioners/accused Nos.l to 4, are hereby quashed Pending miscellaneous applications, if any, shal1 stand closed. SD/-C. DEEPIKA ASSISTANT REGISTRAR /iTRUE COPY// SECTION OFFICER 1 The Addl. Junior Crvil Judge cum Addl Judicral Magrstrate of First Class, Sangareddy. 2 The Station House Officer, Police Station Patancheru, Sangareddy District.

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

4. One CC to SRI DASI RAMESH Advocate [OPUC] 5 Two CD Copies TPK/GNK

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.15958 of 2026 CRIMINAL PETITION IS ALLOWED -\ L

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