CRLP/13201/2026 of Sambu Venkataramana Vs The State of Telanganaa on 29 September 2026

:ORDER:

This Criminal Petition has been filed under Section 52g Bharatiya NeLgarik Su raksha Sanhita, 2023 (for short, ,BNSSJ by the petitioner/ accu sed seeking to quash the proceedings in F.l.R.No.277 of 2026 ol Kahvakr-rrth1' Police Station, Nagarkurnool District, registered for the offenc.es under Scction 3I8(4) of the Bharatiya Nyaya Sanhita, 20.23 (tsNS) ancl Section 7 of thc Essential Commoditres Act, 1955 (for shrrrt . 'EC Act').

2. Hearcl Mr. G. Raghu, learned counsel for the petitioner, and Mr. .Jithendar Rao veeramalra, learned Additronal pubiic prosecutor appearing for the respondents.

3. Learned counsel for the petitioner submitted tha: the specific allegation levelled against the peritioner is that he procured pDS rice from the beneliciaries at a cheaper rate in order to ser it tor profit and that he was found in possession of 162 euintals of pDS Rice.

3.1. He further submitted that u'ithout there being any complaint from any beneficiary alleging that the rice was procured deceptively or wi[h a criminal intent and charging the petitioner for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioner. Further, this Court in Crl P No 5TOg of 2019 and 3349 of 2015, while considering ttre same situation' categorically observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings The petitioner is also entitled to the same relief and, hence' prayed to quash the proceedings against the Petitioner.

4. The learned Additional Public Prosecutor submitted that as per proseculion, the offence said to have been committed by the petitioner is cheating and violation of Section 7 of EC Act and requested to pass approPriate orders.

5. SectionTofECACtCon|emplatethatanypersonContraveneswith the production, supply, distribution and trade of essential commodities in this regard, is punishable' As per the prosecution' the petitioner has procured PDS rice from the beneficiaries after supply from the dealer'

6. A Coordinate Bench of this Court in Crl P No 7227 of 2025 has considered the identical facts and observed that: "There is no averment indicating that the petitioner rn any way deceptively induced the bencficiaries to part with the supplied PDS rice or the beneltciary entrusted the PDS rice purchased by themwiththepetitionerandtheydishonesrlymisapproprialedor J To, converted to lheir own use or used it in violarion of a lawful dircction or contract. In the absence of essential factors, on the face oI prosecution. this Court finds it to be a fit casc to exercise the jurisdiction under SecLion 528 ol BNSS, 2023. Thus, continuance oI proccedings against the petitioner is abuse of process of Lar,""'. i'. The facts and circumstances of the present case also similar to those in thc above case and hence, this Court frnds it to be a ht case t'r exercise jurisdictron under Section 528 of BNSS b1' applying the same analory ald to quash the proceedings against the petitioner herein.

8. Accordingly, thc Criminal Petition is allowed and the p-ocecdings in F.l.R.No.277 of 2026 of Kalu,akurthr police Station. Nagarkurnool District, against the petitioner/ accu sed, are hereby quashed. Miscellaneous applications. pending if any, shall sr_and closed. SD/- B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER 1 I he Judrcial First Class lvlagistrate at Kalwakurthv 2 The station House officer, xrr*utrrtny eol." i,',",,"" Nagarkurnoor District. t ly;.:,t:Ji$erPubric Prosecutor' iign c";;;, ir," st,i" ";r"rrir","',, i 9f g: lo sii Gaje Rashu, Advocate topucl

5. I wo CD Cooies GNK L>

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.13201 of2026 ALLOWING THE CRIMINAL PETITION i11 HE SI4 14,

.) \: l- \,: ($ 06 0[I 2026 Z .i) [0 ?1