Telangana High Court

CRLP/15789/2026 of Puli Aveer Babu Vs The State of Telangana on 28 September 2026

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COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVONDAY, THE TWENTY EIGHTH DAY OF SEPTEI\4BER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 15789 0F 2026 [ 3303 ] Occu: Business, R/o Occu. Business, R/o ..PETITIONER/ACCUSED No.1 & 2

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

IVONDAY, THE TWENTY EIGHTH DAY OF SEPTEI\4BER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITION NO: 15789 0F 2026

Occu: Business, R/o

Occu. Business, R/o

..PETITIONER/ACCUSED No.1 & 2

...RESPONDENTS

Between:

AND

l.A. NO: 2 OF 2026

1. Puli Aveer Babu, S/o Venkateswarlu, Age: 33 yrs, Narsimharao peta (V), Thaltada (l\,4), Khammam Dist.

2. Billa NArasimha Rao, S/o Bakkaiah, Age: 35 yrs, Garikapadu (V), Wyra (lV), Khammam Dist

The State of Telangana, rep. by the public prosecutor High Court of Telangana, Hyderabad.

Sri A. lVladhusudhana Rao, S/o Late Veeraiah, Age 50 yrs, Occu. DT(Civil Supply Officer) Khammam Urban l\,4andal, Khammam Dtstrict.

Petilion under section 528 of BNSS, praying that in the circumstances stated rn the lrlemorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in cc No.281 o'f 2022 on the file the court of the Additional Judicial First class Magistrate at IVladhira, Khammam District, against the petitioner/Accused .l and 2.

Petition under Section 528 of BNSS, praying that in the circumstances stated jn the N,4emorandum of Grounds of crrminal petrtion, the High court may be pleased to grant stay of all further proceedings against the petitioners/Accused 1 and 2 in cc No.2gl of 2022 on the file the Court Of Additional Judicial First Class lvlagrstrate at lvladhira, Khammam District.

This Petrtion coming on

Criminal Petrtion and upon

for the Petitroner and of Sri

for the state of Telangana

Respondent no.2

The Court made the following: ORDER

for hearing, upon perusing the Memorandum of Grounds of heanng the arguments of Sri Gudisa Antl Kumar, Advocate Jithender Rao Veeramalla. the Additional Public Prosecutor on behalf of the Respondent No.1 and None appeared for IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO

CRIMINAL PETITION No.15789 of 2026

CNR.No.HBH C0l066Ll 12026

Date:28.09.2026

Puli Aveer Babu and another

...Petitioners

AND

The State ofTelangana, and another

...Respondents

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ORDER

This Criminal Petition has been filed by the petitioners/accused Nos.l and 2 seeking to quash the proceedings in C.C.No.281 of 2022 on the file of the I Additional Judicial First Class Magistrate at Madhrra.

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

3. The specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to Between:

sell the same for profit and on 12.04.2022, the petitioners were found in possession of 20.15 quintals of PDS rice.

4. Learned counsel for the petitioners would submit that wrthout there being any complaint from any bcneficiary, alieging that the rice was procured deceptively or with a criminal inlent 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, categoricalty 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 sarne relief and hence prayed to quash the proceedings against ther petitioners.

5. The learned Additional Public Prosecutor submits that as pel prosecution, the offences said to have been committed by the pelitioners is cheating and violation of Section 7 of the Essentral Cornniodities Act, 1955 (fbr short 'EC Act') and requested to pa:s approprialc,rrders.

o

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.

1. A Coordinate Bench of this Court in Crl.p.No.7l2l of 2025 has considered the identical facts and observed that: "There is no ayerment in(licating that the petitioner in ctny wuy deceptively induced the beneficiuries to part with the suppliecl pDS rice or the beneficiary entn$ted the pDS rice purchusecl by them with the pelitioner und they dishonestly misappropiuted or convertetl t(.) their own use c.tr used it in violation of a kruful direction or contqct. In the absence of essentiul fuctors, on the face ofprosecution, this CourtJinds it to be a ft cuse to exercise the jurisdiction under Seclion 52g of BNSS, 2023. Thus, continuence of proceedings against the petitioner is ctbuse ofprocess of luw".

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.28 1 of 2022 on the file of the I

Additional Judicial First Class Magistrate at Madhira, against the peti tioners/accused Nos. I and 2, are hereby quashod Pending miscellaneous applications, if any, shall stand ciosed. To SD/- K, BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The I Additional Judicial First Class lvlagistrate at l\/adhira. 2 The Station House Officer, Thallada po[ce Statron, Khammanr Distnct

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

4. One CC to Sri. Gudisa Anit Kumar, Advocate [OpUC]

5. Two CD Copies Pri BA

HIGH COURT DATED: 2810912026

ORDER

CRLP.No.15789 of 2026 ALLOWING THE CRIM!NAL PETITION ). * lt -) lrJ \ \ 1tr,E :iTAi$ :r. oa 0 g 0cI 20m *. esi,plcP-20 za

5. rq) Kn* 'r\ '

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