CRLP/15937/2026 of Somla Vs The State of Telangana, on 29 September 2026

ORDER

This Criminal Petition= has been filed by the petitioner/accused No.l seeking to quash the proceedings in C.C.No.1077 of 2024, on the file of learned IX Additional Chief Judicial Magistrate, Ranga Reddy District at Shadnagar

2. Heard Mr.G.Basappa, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents

3. The specific allegation against the petitioner that he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for proht and on 10.08.2024, the petitioner was found in possession of 22 quintals of PDS rice.

4. Learned counsel for the petitioner 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 petitioner for prosecution is untenable and improper. The allegations, even taken at his face value cannot be sustained against the petitioner' Further, this Court, in Cr1.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 petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

5. The learned Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioner is cheating and violation of Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act') and requested to pass appropriate orders a

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 petitioner has procured PDS rice from the beneficiaries after supply from the dealer. .7 A Coordinate Bench of this Court in Crl.P.No.722i of 2025 has considered the identical facts and observed that: "There is no ayerment indicating thtlt the petitioner in any way deceptively intluced the benefi.ciaries to port with the supplied PDS rice or the beneficiaryt entn$ted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converted to lheir own use or u.sed it in violation of a lawful direction or contract In the absence of es:ential fuctors, on the face of prosecution, this Court finds it h be a fir cdse to exercise the juisdiction under Section 528 of BNSS, 2023. Thus, continLtqnce of proceedings against the petitioner is ctbuse 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 f,rnds 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 petitioner herein.

9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.1071 of 2024, on the file of leamed IX

Additional Chief Judicial Magistrate, Ranga Reddy District at Shadnagar, against the petitioner/accused No.l, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/. L. VIJAYA LAXMI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The lX Additional chief Judicial Magistrate Rangareddy District at Shadnagar

2. The Additional Judicial First Class Magistrate at Shadnagar

3. The Station House Officer, Shadnagar Police Station, Ranga Reddy District

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

5. One CC to Sri G. Basappa, Advocate [OPUC]

6. Two CD Copies VH/GNK To,

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.15937 ot 2026 ALLOWING THE CRIMINAL PETITION ......,., ,,.-... :. 'i'\*' i-. . iC I '--J r5 trT A6 .-a. \a{ w