Telangana High Court
CRLP/14529/2026 of Md Irfan shan Vs State of Telangana on 23 September 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 14529 OF 2026 Between: 1. Md lrfan shan, s/o Khadgr shah Age. 31 years, occupation. Lorry
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY, THE TWENTY THIRD DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 14529 OF 2026
Between:
1. Md lrfan shan, s/o Khadgr shah Age. 31 years, occupation. Lorry Driver Fl/o.
Nirna (vil), Homnabad Bidar (Dist), State,. Karnataka, Karnataka - 585227
2. Mohammad Saleem, S/o Mohammad Moin Uddln, Age. 47 years, occupation.
Owner of Vehicle. (KA 56 5160) R/o 8-14-14211511 , Noor colony, Shastripuram, Hyd, R.R.(dist). Telangana-500052
...PETITiONERS/ACCUSED NO.1 & 2
AND
1. State of Telangana, Rep. By its Public Prosecutor High Court of Telangana at Hyderabad
2. Smt.G. Vijaya Laxmi, Wo G.Ganesh, Age. 36Yrs, Designation. Deputy Tahsildar (CS), Kandi mandal O/o DCSO, Sangareddy Rio Sangareddy,
...RESPONDENTS/COMPLAINANTS
Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in Crime. No. 508 ol 2O26 On the file of PS Sangareddy Rural, District Sangareddy against the petitioners/ accused.
l.A. NO: 2OF 2026
Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to grant stay of all further proceedings in Crime.No. 508 of 2026 On the file of PS
Sangareddy rural, District Sangareddy, pending disposal of the above criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri C
VIVEKANAND, Advocate for the Petitioner 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
HIGH COURT FOR THE STATE OF TELANGANA AT ITYDERABAD
THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO
CRIMINAL PETITION No. L4529 of 2026
(CNR No. HBHCO106030520.26l
DATET 23.09.2026
Between :
Md. lrfan Shah and another
. Petitioners/Accused Nos. 1 & 2
AND
State of Telangana and another
. . . Respondents
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:ORDER:
This Criminal Petition has been filed under Section 52g Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ,BNSSJ by the petitioners/ accused Nos. 1 and 2 seeking to quash the proceedings in F.l.R.No.508 of 2026 of Sangareddy Rural police Station, Sangareddy DistricL, registercd [or- the offcnces under Section i31g(4) of the Bharatiya Nyaya Sanhita, 2023 lfor short, ,the BNS,) and Section 7 of the Essential Commodities Act, 1955 (for short, ,EC Act,).
2. Heard Mr. C. Vivekanard, learned counsel for the petitioners, and Mr. Jithender Rao Veeramalla, Learned Additional pubLic prosecutor appearing for respondent No. 1 State. With their consent. the criminal petition is being disposed of at the admission stage.
3. Learned counser ror the petitioners submitted that the petitioners have nrt c.mmitred thc oll-enccs and have been falsely implicated in the presenr c,rime. Even according to the allegations levelled in the complaint, the ingredients of the offences under Section 318(4) of the BNS and Section 7 of the E'C Act are not attracted' He further submitted the petitioners have procured PDS rice of 246'50 Quintals from the beneficiaries after supply from the dealer'
3.1. He further submitted 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 on their face va1ue cannot be sustained against the petitioners Further' this Court in Crl P No 5709 of 2079 and 3349 of 2015, while considering the same situation' categorically observedthattheoffencesallegedagainstthepetitionerthereinCannot be continued and quashed the proceedings' The petitioners are also entitled to the same relief and, hence' prayed to quash the proceedings against the Petitioners
4. The learned Additionai Public Prosecutor submitted that as per prosecution,theoffencesaidtohavebeencommittedbythepetitioners is cheating and violation of Section 7 of EC Act and requested to pass approPriate orders.
5. Section 7 of gCAct contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities in this regard, is punishable' As per the prosecution' Lhe petitioners have procured PDS rice from the beneficiaries after supply from the dea.ler.
J To,
6. A Coordinate Bench of this Court in Crl.p.No.722Z of 2O2S has considered the identical facts and observed that: "There is no averment indicating that the petitioner in any way deceptivelv induced the beneficiaries to part wrth the supplied PDS rice or rhe beneficiary entrusted the pDS rice curchased by thern rvith the petitioner and they dishonestly misappropriated or con\erted to their own use or used it in violatiorr of a lawful drrection or contract- In the absence of essential factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 52g of BNSS, 2023. Thus, continuancc of proceedings against the petitioner is abuse of process of Iau ".
7. 'lhe facts and circumstalccs of the present casc also similar to those in ttre abo'c case and hencc. rhis court finds it to rre a fit case to exerciso jurisdict.ion under Section 52g of BNSS by applying the same analogy and to quash the proceedings against the petitioners hercin. u. Accordingly, the Criminal petition is allowed and the proceedings in F.l.R.No.S0g of 2026 of Sangareddy Rural police Station, SzLngaredcly District, against the petitioners/ accused Nos.1 and 2, are herebv quashed. Miscellaneons applications, pending if any, shall startd closed. SD/- K. BHAVANI SWAMY ; ASSISTANT REGISTCAi 1' //TRUE COPY// SECTIOI OFFICER
The Addl. Judicial Magistrate of First Class, Sangareddy The Station House Offic Dangareddy )er' Police Station sangareddy Rural, District tntw
3. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT]
4. One CC to SRl. C VIVEKANAND Advocate [OPUC]
5. Two CD Copies TPK/GNK \
HIGH COURT DATED: 2310912026
ORDER
CRLP.No.14529 of 2026 CRIMINAL PETITION IS ALLOWED ..r HE Srh r€ .1 ( )r c) I 29SEPMM ,. rr' ','r) 'r1 tq l r9f \q 7b