Telangana High Court
CRLP/15797/2026 of Mohd. Atheruddin @ Mohammad Athar Uddin @ Mohd. Ather Vs The State of Telangana on 28 September 2026
Between: AND 'l . Mohd. Atheruddin @ ttilohammad Athar Uddin @ Mohd. Ather, S/o Mohd lqbaluddin @ tr/ohd. lqbal @ Mohammed Shahab Uddin lqbal, Age 33 Years, Occ. Business, R/o H. No. 18'7-4231A1227, f abbkatta, Bhavaninagar, Hyderabad. 2. lVohd. Waheed, S/o. Mohd. Hameed, Age.23 Years, Occ' Auto
[ 3303 I
Between:
AND
'l . Mohd. Atheruddin @ ttilohammad Athar Uddin @ Mohd. Ather, S/o Mohd lqbaluddin @ tr/ohd. lqbal @ Mohammed Shahab Uddin lqbal, Age 33 Years, Occ. Business, R/o H. No. 18'7-4231A1227, f abbkatta, Bhavaninagar, Hyderabad.
2. lVohd. Waheed, S/o. Mohd. Hameed, Age.23 Years, Occ' Auto Driver, R/o'
H. No 18-8-22 5t7 t14, Riyasalhnagar, Hyderabad.
3 Shaik Khaleel @ Khaleel @ Bablu, S/o. Shaik Ahmed, Age 32 Years, Occ Driver, R/o. H. No. 2-12514/4/'l , New Green City, Kothapet, Ranga Reddy District.
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
MONDAY, THE TWENTY EIGHTH DAY OF SEPTEIMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 15797 OF 2026
... Petitione rs/Acc used Nos .1 to 3
The State of Telangana, through S.H.O., P.S Bhavani Nagar, Hyderabad Ctty Police Commissionerate, Hyderabad District, Represented by Public Prosecutor. High Court at Hyderabad.
...Respondent
2. Sri. Y. Lokesh Reddy, Occ. Junior Enquiry lnspector, Assistant Civil Supplies Office, Yakutpura, Circle-ll, Hyderabad.
... Res pon de nUDe-Facto Complainant
Petition under section 528 of B.N.S.S. praying that in the circumstances stated in the l\ilemorandum of Grounds of Criminal Petrtion, the High Court may be pleased to quash the charge sheet in cc.No. 11105 of 2024, on the file of Vlll Additional Chief It/etropolitan-Magistrate at Hyderabad as against the petitioners/Accused No's 1to3
l.A. NO: 1 OF 2026
Petition under Section 528 of B N.S.S. praying that in the circunrstances stated in the fi/emorandum of Grounds of Crimrnal Petition, the High Court may be pleased to stay all f urther proceedings including appearance of the petitio ners/Accused No's.
1 to 3 in C..C No. 11105 of 2024, on the file of Vlll Additional Chief Metropolitan lVlagistrate at Hyderabad.
Thrs Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal Petrtion and upon hearing the arguments of Sri K Venumadhav, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondents.
The Court made the following: ORDER
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IN THE HIGTI COURT FOR TTIE STATE OF TELANGANA
AT HYDERABAD
THE TIONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.15797 of 2026
CNR.No.IIBH C0l0 6617 52026
Date:28.09.2026
Between:
Mohd. Atheruddin @ Mohammad Athar Uddin
@ Mohd. Ather and two others
...Petitioners
AND
The State ofTelangana, and another
..Respondents
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ORDER
This Criminal Petition has been filed by the petitionersi accused Nos.l to 3 seeking to quash the proceedings in C.C.No.11105 of 2024 on the hle of the VIII Additional Chief Metropolitan Magistrate at Hyderabad'
2. Heard Mr.K.Venumadhav, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, ieamed Additional Public Prosecutor for respondents.
3. The specific allegation against the petitioners is that they have procured PDS rice and PDS wheat fiom the bepeficiaries at - cheaper rate to sell the same for profit and on 14.10-2i.)24, the petilioners were found in possession of 2 quintals of PDS rice and 9.25 quintals of PDS wheat.
4. Learned 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 petrtioners. Further, this Court, in Crl.P.No.5709 of 20 19, while considering the same situation, categorically observed thzLt 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 qr.rash the proceedings against the petitioners.
5. The leamed Additional Public Prosecutor submits that as per plosecution, the offences said to have been committed by the petitioners is cheating and violation of Section 7 ol'the Essential Commodities Act, 1955 (for short'EC Act') and requested to pass appropriate orders.
!I-
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 averment indicating. that the petitioner in any wdy deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them l'tith the petitioner and they dishonestly misappropiated or converted to their own use or used it in violution of a lawful direction or contrqcL In the absence of essential factors, on the face of prosecution, this Court jinds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuLnce of proceedings agdinst the petitioner is abuse ofprocess of law".
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 ht case to exercise jurisdiction under Section 528 of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein. g. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.11105 of 2024 on the file of the VIII
Adcitional Chief Metropolitan Magistrate at Hyderabad. against the petitior.rers,'accused Nos.1 to 3, are hereby quashed. Pending miscellaneous applications. if any, shall stand closed. SD/- B.REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER .1 Th,: Vlll Additional Chief Metropolitan Magistrate at Hyderabad.
2. The Station House Officer, Bhavani Nagar Police Station, Hyderabad. 3 Two CCs to the Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT]
4. One CC to Srr K Venumadhav, Advocate IOPUC] 5 Two CD Copies GNK/BA ? To.
HIGH COURT DATED: 2810912026
ORDER
CRLP.No.15797 of 2026 ALLOWING THE CRIMINAL PETITION
1HE STA 15: 2[26 .i ) \. ,' 0 ti 0[T e) 1? O3 lo l/b r,,