Telangana High Court

CRLP/14682/2026 of MiryalaVenkateshwarlu Vs The State of Telangana on 23 September 2026

Cites 0, Cited by 0

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: 14682 OF 2026 Between: '1. MiryalaVenkateshwarlu, S/o Sathaiah, Aged About 59 years,Occ Rice Mill Owner,

I3303I

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: 14682 OF 2026

Between:

'1. MiryalaVenkateshwarlu, S/o Sathaiah, Aged About 59 years,Occ Rice Mill Owner, Fl/o.Munugode Village and Mandal, Nalgonda District

2. NampalliBhaskar, S/o Manikyam, Aged About 20 years,Occ Driver, R|io.Nampalli Village and Mandal, Nalgonda District

3. Boddupally Swamy @ Linga Swamy, S/o Krishnaiah, Aged About 29 years, Occ Business,Fl/o. Nampalli Village and Mandal, Nalgonda District.

4. VeeramallaRamesh, ,Sio Ailaiah, Aged About 44 years,Occ Business, Fi,to.Nampalli Village and Mandal, Nalgonda District

5. DanaboinaMahesh, S/o Venkanna, Aged About 29 years,Occ Driver, Rl/o.Nampalli Village and Mandal, Nalgonda District

...PETITIONERS/ACCUSED NO. 1 to 5

AND

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

2. CH.Venkateshwarlu, SHO of Munugode PS, Nampally Mandal,Nalgonda District

...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 CC.No. 1170 of 2024 arising out of Crime No. 108 of 2024

of Munugode Police Station, Nalgonda District, pending on the file of the lll Addl Junior Civil Judge, Nalgonda, against the Petitioners/Accused Nos. 1 to 5.

l.A. NO: 2 OF 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 CC.No. 1170 of 2024 arising out of Crime No. 108 of 2024 of Munugode Police Station, Nalgonda District, pending on the file of the lll Addl Junior Civil Judge, Nalgonda, against the petitioners/Accused Nos.1 to 5, pending disposal of the present Criminal Petition.

The Court made the following: ORDER

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri KAVALI

vlsHNU KANTH, 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

HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAI)

THE HONOURABLE SRI JUSTICE J. SREENTVAS RAO

CRIMINAL PETITIONNo. 14682of2O26

(CNR No. HBHCO1061s1420126l

DATE:23.O9.2O 26

Between :

Miryala Venkateshwarlu and four others

Petitioners/Accused Nos. 1 to 5

AND

The State of Telangana and another

...Respondents

Citations and Judicial Treatment

No citing decisions in the index yet

Cited by

0

Decisions in the index citing it

Cites

0

Decisions referred to

In this index

0

Of the decisions it cites

Overruled / Questioned

0

No negative treatment found

Loading the citing and cited decisions…

:ORDER:

This Criminal Petition has been filed under Section 52g Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, ,BNSS,) by the petitioners/ accused Nos.1 to 5 seeking to quash the proceedings in C.C.No. 1 17O of 2024 on the file of the III Additiona_l Junior Civil Judge, Nalgonda, for the offences under Section 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita , 2023 (for short, the BNS,) and Section 7 of the Essentia-l Commodities Act, 1955 (for short, .EC Act,).

2. Heard Mr. K. Vishnu Kanth, learned counsel for the petitioners, and Mr. Jithender Rao Veeramalla, learned Additiona_l public Prosecutor appearing for the respondents. With their consent, the criminal petition is being disposed of at the admission stage.

3. Learned counser for the petitioners submitted that the petitioners have not committed the orfences and have been falsely implicared in the present crime. 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 that without there being ar1y complaint from anv beneficiarl ' alleging that lhe rice of 30 Quintals was procured deceptively or u'ith a criminal intent and charging the petitioners for prosecution is untenable and improper' The allegations on their face value cannot be sustained against the petitioners Further' this Court in Cr1'P No 5709 of 2ol9 and 3349 of 2015, u.hile considering thr: Same Situation, categoriczrlly observed that the offences alleged against thc petitioncr thereincannotbecontinuedandquashedtheproceedings'The petitioners are aJso entitled to the same relief and' hence' prayed to quash the proceedings agarnst the petitioners'

4. The learned Additional Public Prosecutor strbmitted that as per prosecution, the offence said to have been committed by the petitioners is cheating ald violation of Section 7 of EC Act and requested to pass approPriate orders.

5. SectionTofECActcontemplatethatanypersonContravenes with the productron, supply, distribution and trade of essential commodities in this regard, is punishable. AS pe1. the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply' from thc dealer.

6. A Coordinate Bench of this Court in Crl P No 7227 of 2025 h,as considered the identical facts and observed that:

"There is no averment indicating that the petitioner in any way deceptively induced the benehciaries to part with the supplied PDS rice or the beneficia-ry enkusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converted to their own use or used it in violation of a Iawful direction or contract. In the absence of essential factors, on the face of prosecution, this Court hnds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse of process of law".

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 to exercise jurisdiction under Section 528 of BNSS by applying the same arlalogr and to quash the proceedings against the petitioners herein.

8. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.1 l7O of 2024 on the file of the III Additional Junior Civil Judge, Nalgonda, against the petitioners/ accused Nos.1 to 5, are hereby quashed. Miscellaneous applications, pending if any, shall stand closed. SD/- K. BHAVANI SWAMY ASSISTANT R GIS //TRUE COPY// SE ION OFFICER

1. The lll Addl. Junior Civil Judge, Nalgonda

2. The Station House Officer, Police Station Munugode, Nalgonda District.

3. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT]

4. One CC to SRl. KAVALI VISHNU KANTH Advocate [OPUC]

5. Two CD Copies To, W I TPK/GNK

HIGH COURT DATED: 2310912026

ORDER

GRLP.No.14682 ot 2026 HE SI4 14: { o 2 I sEP 2026 (\(u '_7 CRIMINAL PETITION IS ALLOWED { q )L A rh,

You have used today's free searches. Sign in, for free, to keep searching without a limit.

Compass reads the judgments for you and finds the paragraphs for and against your question. Sign in to use it.

My Vault follows judgments for you and records every later decision that cites them. Sign in to keep one.

Sign in to download the court's PDF. The full text stays free to read here.

Sign in, for free, to download the court copy. Reading the full text here stays open to everyone.

Search and read Indian judgments without limits, save them to My Vault and find the relevant paragraphs with Compass.

Open the sign-in page instead