CRLP/14932/2026 of Bachu Nagaraju Vs The State of Telangana, on 23 September 2026

1. Bachu Nagaraju, S/o. Bachu Baleeshwaraiah, Age 43 Years, Occ. Business, Rl/o. Waddepalle Village, Doultabad Madnal, Medak District.

2. Md Hasadulla Alam, S/o. Abdul Malek, Age 25 Years, Occ. Driver, R/o. Samaserganji, Housenagar, Po. Tinpakuria Jafrabad, Murshidabad, thnupukuria, West Bengal. ...PETITIONERS/ACCUSED NO.'l and 2 AND

1. The State of Telangana,, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad.

2. Kistaiah Yenam, Sio. Narsaiah, Age 55 Years, Occ. Govt official, Rl/o. Kamareddy, Kamareddy District. ...RESPON DE NTS/COM PLAINANTS 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 FIR No. 124 of 2026 dated 13-04-2026 registered by Bhiknoor Police Station, Kamareddy District, in the interest of justice. 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 Stay all further proceedings in FIR No. 124 of 2026 dated 13-04-2026 registered by Bhiknoor Police Station, Kamareddy, District 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 P DEVENDER, 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 HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 14932 of 2o26 (cNR No. HBHCOlO6ZAaO2O26l DATE:23.09.2026 Between : Bachu Nagaraju and another AND PetitionerslAccused Nos. 1 & 2 State of Telangana and another Respondents :ORDE R: This Criminal petition has been filed under Section 52g Bharatrya Nagarik Suraksha Sanhita, 2023 (for short, ,BNSSJ by the pe tr troners / accused Nos. I and 2 seeking to quash the proceedings in F.l.R.No.124 ol 2026 of Bhiknoor police Station, Kamareddy District, registered for the offences under Section 31g(a) of the Bharatiya Nyaya Sanhita, 2023 (for short, ,the BNSJ and Section 7 of the Essentiai Commodities Act, 1955 (for short, ,EC Act,).

2. Heard Mr. p. Devender, learned counsel for ttre petitioners, and Mr' Jithender Rao veeramalla, learned Additionar pubric prosecutor appearing for respondent No.I State. With their consent, the criminal perition rs being disposed of at the admission stage.

3. Learned counsel for the petitioners submitl.ed that the petitioners have not committed the offences and have been falsely -- implicated in the Present crime level1ed in the comPlaint, the Even according to the allegations ingredients of the offences under Section 318(a) of the BNS and Section 7 of the E C Act are not attracted. He further submitted that the petitioners have procured PDS rice of 246.5O 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 orwithacrimina]intentandchargingthepetitionersforpfosecr]tion is untenable and improper' The allegations on their face value cannot be sustained against the petitioners Further' this Court in cr1.p.No.570g ol 2079 and 3349 oi zots, while considering the same situation, categorically observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings' The petitioners are also entitled to the same relief and' hence' prayed to quash the proceedings against the petitloners'

4. The learned Additional Public Prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of EC Act and requested to pass appropriate orders' He further submitted that the Investigating officer conducted investigation and hled final report before the jurisdictional Magistrate and C'C number is awaited'

J

5. Section 7 of trC Act contemplate that any person contravenes with the production, supplv. distribution and trade of essentiar commodities in this regard, is punishable. As per the prosecution, the petitioners have procured pDS rice from the beneficiaries after supply lrom the dealer.

6. A Coordinate Bench o[ rhis Court in Crl.p.No.72 27 of 2O2S has considered the identical facts and observed that: "There is no averment indicatrng that the petitioner in any way deceptively induced the benefrciaries to pa_rt with the supplied PDS rice or the beneficiary. entrusted the pDS rice purchased by them w.ith the pedtioner and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction.or contract. In the absence of essential factors, on the face of prosecution, this Court linds it to bc a fit case ro excrcisc ttre lurisdictron under Section 52g of BNSS, 2023. Thus, continuance of proceedings agalnst the petitioner is abuse of process of lau/'. 7 . 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 [o exercise jurisdiction under Section 52g of BNSS by applying the same analo$/ and to quash the proceedings against thc petit ioners herein.

8. Accordinglr,, the Criminal petition is allowed and the proceedings in F.l.R.No.124 of 2026 of Bhiknoor police Station, -

Kamareddy District, as well as the consequential proceedings' against the petitioners / accused Nos l and 2' are hereby quashed' Miscellaneous applications, pending if any' shall stand closed SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER

1. The Judicial Magistrate of First Class, Kamareddy.

2. The Station House Ofiicer, Bhiknoor Police Station, Kamareddy District

3. Two ccs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUTI

4. One CC to SRl. P DEVENDER Advocate [OPUC]

5. Two CD CoPies TPK/GNK G To, W

HIGH COURT DATED: 2310912026

ORDER

CRLP.No.14932 ot 2026 CRIMINAL PETITION !S ALLOWED ( rtta STArF 2 g SEP MzE '/q- -) C,J Cul Jl' I t1

U i\

I