CRLP/15895/2026 of Mohd Nahid @Mohd Naheed Vs State of Telangana on 29 September 2026

ORDER

This Criminal petition has been filed by the petitioners/accused Nos.l and 2 seeking to quash the proceedings in C.C.No.1 623 of 2026 on the file of the leamed principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Ranga Reddy Districrt, L.B.Nagar.

Heard Mr.C.Vivekanand, Iearned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor for respondent No. I

3. The specific allegation against the petitioners/accused Nos.1 and 2 is that they have procured pDS rice and wheat fiom the beneficiaries at cheaper rate to sell the same for profit and on -

04.04.2026, the petitioners were found in possession of 663 quintals of PDS rice and 50 quintals of PDS wheat.

4. Leamed 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 untenable 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 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 / J

petitioners have procured PDS rice from the beneficiaries after supply fiom the dealer.

7. A Coordinate Bench of this Court in Cr1.P.No.7227 of 2025 has considered the identical facts and observed that "Tht:re i.s t1o qyerment indicating thqt the petitioner ir an.,i way deceptively induced the beneficiaries to part with the supplied pDS rice or the beneJiciary entn$ted the PDS rice purchased by th(m with the petitioner and they tlishonestly misappropriated or conyerted h) their own use or used it in violation of a lawful direction or contract. [n the absence of essential factors, on the face ofprosecution, this Court fru)s it to be a fit cose to exercise the jurisdtction under Section 528 o/ BNSS, 2023. Thus, continuqnce of proceedings against the petittoner it abuse ofprocess of law".

8. The facts and circumstances of the present case also similar

k) 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 tt. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.1623 of 2026 on the flle of rhe leamed Principal Junior Civil Judge-cum-Judicial Magistrate of First Class, Ranga Reddy Districrt, L.B.Nagar, against the setitioners/'accused Nos.1 and 2, are hereby quashed.

-

Pending miscellaneous applications, if any, shall stand closed //TRUE COPY/i SD/- K. BHAVANI SWAMY ASSISTANT REGISTRAR SECTION OFFICER To,

The Principal Junior Civil Judge cum Judicial Magistrate of First Class RangareddY District At LB Nagar The Station House Officer, Police Station Pahadishareef' Hyderabad Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] One CC to SRI C VIVEKANAND Advocate [OPUCI Two CD CoPies a M

TPK/GNK

HIGH COURT DATED: 2910912026

ORDER

CRLP.No.15895 of 202G CRIMINAL PETITION IS ALLOWED SE SrAle. ( :, ut 0[T ?[28 T b lo \. ./)' t\ !