Telangana High Court

CRLP/15892/2026 of Pallela Ashok, Vs The State of Telangana, on 29 September 2026

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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 JUSTIGE J SREENIVAS RAO CRIMINAL PETITION NO: 15892 0F 2026 Between: 1. Pallela Ashok, S/o P. Anjaiah, Age. 57 years, Occ. Business, R/o H.

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 JUSTIGE J SREENIVAS RAO

CRIMINAL PETITION NO: 15892 0F 2026

Between:

1. Pallela Ashok, S/o P. Anjaiah, Age. 57 years, Occ. Business, R/o H. No.g_g_

347 , Plol No 128, Road No.3, Green park Colony, Karmanghat, Rangareddy District, Telangana Srate.

2. I\/d lVlohammed Sab, S/o Ghudu Sab, Age. 33 years, Occ. Business, R/o Aurad Town & Taluk, Bidar District, Karnataka State

3. [\,4ohammed Yousuf, S/o lr/ohammed IVIehboob, Age. 50 years, Occ. Driver, R/o H. No. 8-3-169/60/250, SpR Hiils, Khairtabad, yousufguda, Hyderabad

45.

The State of Telangana, Rep. by the public prosecutor, High Court at Hyderabad for the State of Telangana State Police, through (N Pranay Tej), Sub lnspector of police, Raidurgam, Cyberabad Police Comm iss ionerate.

...Respondents

Petition under sectron 528 of B.N.S.s praying that in the circumstances stated in the lVlemorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedlngs in cc No. 966 of 2026 on the file of the Xlll Additional Judicial lVlagistrate First class, Rajendranagar, Rangareddy District in so far as petitioners/ Accused No. 1 to 3.

... Petitioners/Accused No.1 to 3

AND

f .A. NO: 2 OF 2026

Petition under Section 528 of B N.s.S. praying that rn the circumstances stated rn the lVlemorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all further proceedings against the petitroners/ Accused No. 1 to 3 in cc No. 966 of 2026 on the file of the Xlll Additional Judicial A/lagistrate First class, Rajendranagar, Rangareddy District for pending disposal of the main criminal petition.

This Petition coming on for hearing, upon perusing the lVlemorandum of Grounds of criminal Petrtion and upon hearing the arguments of Sri G Basappa, Advocate for the Petitioners and Sri Jithender Rao Veeramaila, learned Additional public Prosecutor on behalf of the Respondent No.1

The Court made the following: ORDER

IN THE HIGTI COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

TTIE TIONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.15892 of 2026

CNR No. : H8HG010664912026

Date:29.09.2026

Between:

Pa1lela Ashok and two others

...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 to 3 seeking to quash the proceedings in C.C.No.966 of 2026 on the file of the leamed XIII Additional Judicial Magistrate First Class, Rajendranagar, Rangareddy District

2. Heard Mr.G.Basappa, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1 .

3. The specific allegation against the petitioners/accused Nos.l to 3 is that they have procured PDS rice and wheat from the beneficiaries at cheaper rate to sell the same for profit and on

12.09 .2025, the petitioners were found in possession of 1 0 to I 1 tons of PDS rice ,+. I-earned counsel for the petitioners would submit that rvithout there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and c:harging the petitioners for prosecution is untenable and improper. 1'he allegations, even taken at their face value cannot be sustained against the petitioners. Further, this Court, in Crl.p.No.5709 of 20 I 9, u,hile considering the same situation, categoricaliy observed that the offences alleged against the petitioners therern could not be ccntinued and accordingly quashed the proceedings. The petitioners are also entitied to the same relief and hence prayed to q Lrash the proceedings against the petitioners.

The leamed Additional public prosecutor submits that as per plosecution, the offences said to have been committed by the petitioners is cheating and vioration ofsection 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 fiom the beneficiaries after supply from the dealer.

1. A Coordinate Bench of this Courr in Crl.p.No.i227 of 2025 has considered the identical facts and observed that: "There is no ayerment indicating that the petitioner in any way deceptively induced the beneficiaries to port *irh the suppliect pbS rice or the beneficiary entrusted the pDS rice purchased if them with the petitioner and they dishonestly misappropriated or converted to their own use or used it in violation ofa lawful direction or contract. In the absence of essential foctors, on the face ofprosecution, this Court find.s it to be afit cqse to exercise the jitrisdiction under Section SZA oTiUSS, 2023. Thus, continuqnce ofproceedings against the petition"ri, obrr" 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 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.966 of 2026 on the file of the learned XIII Additional Judicial Magistrate First Class, Rajendranagar, Rangareddy District, against the petitioners/accused Nos. 1 to 3, are hereby quashed.

T

To, Pending miscellaneous applications, if any, shal1 stand closed SD/- A.H.S. GOWRI SHANKAR ASSISTANT REGISTRAR //TRUE COPY/i SECTION OFFICER

1. The Xlll Additional Judicial IVlagistrate of First Class, Ra;endranagar, RangareddY District

2. The Station House Officer, Raidurgam Police Station, Cybarabad.

3. l-wo CCs to the Public Prosecutor, High Court for the State of Telangana, at l-lyderabad [OUT]

4. One CC to Sri G Basappa, Advocate [OPUC] 5 -wo CD Copies GNK

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.'15892 of 2026 ALLOWING THE CRIMINAL PETITION t 1tlE S T4 16. 0 E 0[I 2026

Oo o atl ), tr .!. .. "/ _/ \ ?L 1,.

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