Telangana High Court

CRLP/15680/2026 of Sayyed alias Syed Mujeeb, Vs The State of Telangana on 24 September 2026

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY FOURTH DAY OF SEPTEI\iIBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 15680 OF 2026 Between Sayyed alias Syed [t,4u1eeb, S/o. Syed Umar, Aged 24 years, Occ.

t 3303 l

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THURSDAY, THE TWENTY FOURTH DAY OF SEPTEI\iIBER

TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

CRIMINAL PETITION NO: 15680 OF 2026

Between

Sayyed alias Syed [t,4u1eeb, S/o. Syed Umar, Aged 24 years, Occ. Driver, R/o H.No. 3-4-315/1, Teergally, Bodhan Town and [\,4andal. Nizamabad District Pincode. 503185

...PETITIONER/ACCUSED

AND

1. The State of Telangana, Rep by its Public Prosecutor, High Court of Telangana, at Hyderabad 2 Sri. G. Vinod, Deputy Tahsildar Enforcement (CS), Armoor, Nizamabad District. Pincod e 503224

...RESPONDENTS/COMPLAINANTS

Petition under Section 528 of BNSS praying that in the circumstances stated in the lt/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C.No.376 of 2024, on the file of the Principal Judicial Magistrate of First Class at Armoor, against the Petitioner/Accused.

l.A. NO: 2 OF 2026

Petition under Section 528 of BNSS praying that in the circumstances stated in the l/lemorandum of Grounds of Criminal Petition, the High Court may be pleased to grant interim stay of all further proceedings in C.C.No.376 of 2024, on the file of the Principal Judicial lVlagistrate of First Class at Armoor, including appearance and attendance of the Petrtioner/Accused, pending disposal of the above Crrminal petitaon.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petrtion and upon hearing the arguments of Sri GAJE RAGHU, Advocate for the Petrtioner and Sri Jithender Rao Veeramalla, the Addl. Public Prosecutor on behalf of the Respondent No.1 and none appeared on behalf of the Respondent No.2.

The Court made the following: ORDER

TN THE HIGH COURT FOR THE STAI'E OF'IEI,ANGANA

AT HYDERABAD

.THE HONOURABLE SRI JUSTICE J.SRBENIVAS RAO

CRIMINAL PETITION No.15680 of2026

CNR No.IIBHC0l0 658912026

Date: 24.09.2026.

Between

Sayyed @ Sayed Mujeeb

.. Petitioner

AND

The State ofTelangana, and another

Respondents

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ORDER

This Criminal Petition has been frled by the petitioner/accused seeking to quash the proceedings in Cl.C.No.376 of 2024, on the file of leamed Principal Judicial Magistrate of First Class at Armoor.

Heard Mr.G.Raghu, leamed counsel frr the peritioner and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor for respondent No. 1 .

3. The specific allegation against the petit ioner/a ccused is that he has procured PDS rice from the benefician es at c,reaper rate to sell the same for proflt and onOg-06.2024' the petitioner was found in possession of 79.15 quintals of PDS rice.

4. Leamed counsel for the petitioner would submit that without there being any complaint from any benehciary, 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 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 petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

5. The leamed Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioner is violation of Section 7 of the Essential Commodities Act, 1955 (for short '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 pr31 ths prosecution, the petitioner has 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 observcd that ''Tliere is no evernrcnt indrcating lhat lhe pe,itioner 1t1 ony h'e!- deteptively induced the benejiciaries to pqrt with the suppli,d PDS rice or the bene/ictorl entrusted the PDS rice purcha:;ed by th:m u'ith the pelttioner and they dishonestly misoppropriated or convettetl to their o'|n Ltse or used it in violation of a lawful direction or cont"act. In the absence ctf essen tial fac tr.trs, on lhe face of prosecution, this Cuurt fintls it to be u fit cose to exercise the jurisdiction under ,Sectir.tn 5.18 o/'a.VSS, 2023. I'hus. continuqnce of proceeclings qgqinst tl'e petitiorter i:.ubttse tf p,ocess o.f lctw".

8. The facts and circumstances of the prcrsent case also similar to those in the above case and hence, this Cc,urt finrls it to be a fit case to exercise jurisdiction under Section 528 of BNSS by applying the same analogy and to quash tht: proceedings against the petitioner herein.

9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.376 of 2024, on the file of learned Principal Judicial Magistrate of First Class at A.rmoor, against the petitioner/accu sed, are hereby quashed -I Pending miscellaneous applications, if any, shall stand

//TRUE COPY// SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR SECTION OFFICER closed. To, TPK/GNK vu

1. The Principal Judicial lVlagistrate of First Class at Armoor

2. The Station House Off rcer, Police Station Armoor' N izamabad District 3 Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana' at HYderabad [OUT] 4 One CC to SRl. GAJE RAGHU Advocate [OPUC]

5. Two CD CoPies

HIGH COURT DATED: 2410912026

ORDER

CRLP.No.15680 of 2026 14: 01 0cI 2020 I /"i; ,,-. ti t1 C) ! ff Ce'le,t \\!o-\,]

- ?"tL CRIMINAL PETITION IS ALLOWED 'i H€ S J"z1

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