Telangana High Court
CRLP/15803/2026 of Balraj Kumar Vs The State of Telangana, on 28 September 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IVIONDAY, THE TWENTY EIGHTH DAY OF SEPTEIVBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 15803 OF 2026 Between: 1. Balraj Kumar, S/o. Late. Kamraj Pashwan Age 26 Years, Occ. Driver,
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
IVIONDAY, THE TWENTY EIGHTH DAY OF SEPTEIVBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 15803 OF 2026
Between:
1. Balraj Kumar, S/o. Late. Kamraj Pashwan Age 26 Years, Occ. Driver, R/o Jagdishpur Village, Samsathipur District, Bihar State.
2. Shaik Khaleel, S/o. Shaik Ahmed, Age.32 Years, Occ. Auto Driver, R/o. H. No 2-125141A11, Near Ayesha Masjid, Kothapet, Ranga Reddy District
...PETITIONER/ACCUSEDS No,s.1 AND 3
AND
1. The State of Telangana, through S.H.O.. P.S Madannapet. Hyderabad, Represented by Public Prosecutor, High Court at Hyderabad.
RESPONDENT
2. Sri. Mirza lmran Baig, Occ. Jr. El., Civil Supplies Department, Hyderabad, Cell No. 9700235174.
RESPONDENT/DE-FACTO COMPLAINANT
Petition under Section 528 of BNSS, prayrng that in the circumstances stated in the lVemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the charge sheet in C.C. No 11142 oI 2025, on the file of Hon'ble Chief Judicial lt/agistrate at Nampally, Hyderabad, as against the petilioners/Accu sed No s. 1 and 3
l.A. NO: 1 OF 2026
Petition under Section 528 of BNSS, praying that rn the circumstances stated in lhe lVemorandum of Grounds of Crimrnal Petition, the High Court may be pleased to stay of all further proceedrngs including appearance of the petitioners/Accu sed No's. 1 and 3 in C C. Nc. 11142 of 2025
Hyderabad.
on the file of Hon'ble Chref Judicial l\4aqtstrate at Nampally This Petition coming on for hearing, upon perustng the l\,4emorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K Venumadhav. Advocate for the Petrlioner and of sri Jithender Rao veeramalla, the Additional public prosecutor for the State of Telangana on behalf of the Respondent No .l and of None appeared for Responclent no 2
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.15803 of 2026
CNR.No.HBHC0l0648252026
Date:28.09.2026
Between:
Balraj Kumar 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 3 seeking to quash the proceedings in C.C.No. I 1142 of 2025, on the file of the VII Additional Chief Judicial Magistrate at Nampally, Hyderabad
2. Heard Mr.K.Venumadhav, 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 sell ttle same for profit and on 04.06.2025, the petitioners were f<rund in possession of 14 quintals ofPDS rice.
Learned counsel for the petitioners would submit that without there being any complaint from any beneficiary, alleging that the rice rvas procured deceptively or with a criminal intent and char-ging the petitioners for prosecution is untenable and improper. Tlie allegations, even taken at their face value cannot be sustained against rhe petitioners. Further, this Court, in Crl.P.No.5709 of 2() 19, while considering the same situation, categorical Iy observed that the off-ences 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.
The leamed Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the pe:itionels is cheating and violation of Section 7 of the Essential Commodities Acr, 1955 (for short 'EC Act') and requested to pass applopriate orders J
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.
7. A Coordinate Bench of this Court in Crl.p.No.'7227 of 2025 has considered the identical facts and observed that "There is no qyerment indicuting that the petitiL,ner in any way cleceptively induced the benefi.ciaries to p rt with the supplied pDS rice or the beneficiury entn$ted the PDS rice purchused by them with the pelitioner and they dishonestly misqppropriated or convertetl to their own use or used it in violation of a lawful direction or contrdct. [n the absence of essential factors, on the face of prosecution, this Court fncls it to be a fil cose to exeruse the juriscliction under Section 528 of BNSS, 2023. Thus, continuunce ofproceedings agdinst the petitioner is ttbuse ofprocess of law".
8. The facts and circumstances of the present case also similar to those in the above case and hence, this Court hnds it to be a fit case to exercise jurisdiction under Section 528 of BNSS bv 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. 11142 of 2025, on the file of the VII
To A,-lditional Chiel Judicial Magistrate at Nampall-v, I-tyderabad, against the pett tt oners/acc used l',,-os. I and 3, are hereby quashed. Pending mtscellaneous applications, if any, shall stand ckrsed SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPYi/ SECTION OFFICER
1. The Vll Additional Chref Judicral lt/agistrate at Nampally, Hyderabad 2 The Station House Officer, lVladannapet Police Station, Hyderabad.
3. Tr,r,o CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad IOUT]
4. Ore CC to Sri. K Venumadhav, Advocate [OPUC] 5 lwo CD Copies P rt tl.,\
HIGH COURT DATED: 2810912026
ORDER
CRLP.No.15803 of 2026 ALLOWING THE CRIMINAL PETITION ( rHE ST4 16' 0 7 0[I 20m J 1:l za ^c * * -vI D {,t r.,,,/Vr \rt\ ?\' +