Telangana High Court
CRLP/17925/2025 of Mohammed Javeed, Vs The State of Telangana on 31 December 2025
COURT FOR THE STATE OF TELANGANA AT HYDERABAD WEDNESDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 17925 OF 2O2s Between: 1. Mohammed Javeed,, S/o. Kaousar, Aged 40 years, Occ Business, R/o. H No.
134441
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION NO: 17925 OF 2O2s
Between:
1. Mohammed Javeed,, S/o. Kaousar, Aged 40 years, Occ Business, R/o. H No.
3-2-86, Nehru colony, Armoor Town and Mandal, Nizamabad District. Pincode
503224.
2. Shaik Javeed,, S/o. Shaik Babu, Aged 40 years, Occ Business, R/o. H No. 3- 2-15t12, Nehru colony, Armoor Town and lrilandal, Nizamabad District.
Pincode 503224'
...pETrroNERyAccusED No.1 & 2
AND
1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad.
2. B. Vijay Kanth rao,, S/o. Chalapathi Rao, Aged 37 years, Occ D"PYV ^^
Tahs-ildhar (CS), Nizamabad Rural, Nizamabad District. Pincode 503186
...RESPON DENT/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 impugned proceedings in C.C.No. 337 of 2022' on the file of the ll Additional Judicial Magistrate of First Class at Nizamabad.
l.A NO: 2OF 2025
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 interim STAY of all further proceedings in C.C No. 337 of 2022'
on the file of the ll Additional Judicial Magistrate of First Class at Nizamabad, including appearance and attendance of the petitioners / Accused Nos l and 2, 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 GAJE RAGHU
,Advocate for the Petitioner and the Sri Jithender Rao Vee r tmalla, Addl. Public Prosecutor on behalf of the Respondent No.1 and nort appeared for the Respondent No.2.
The Court made the following: ORDER
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA
CRIMINAL PETITION No.17925 ot 2O25
Between:
Mohammed Javeed, S/o.Kaousar,
R/o.Nizamabad District & another
Petitioners/Accused Nos.l & 2
AND
The State of Telangana
rep. by its Public Prosecutor, High Court of Telangana at Hyderabad & another.
. . Respondents
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ORDER:
1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos.1 & 2 in C.C.No.337 of 2022, on the file of the learned ll Additional Judicial Magistrate of First Class at Nizamabad, registered for the offence punishable under Section 420 of IPC and Section 7 of Essential Commodities Act, 1955
2. Heard Sri G.Raghu, Iearned counsel for the I pltitioners/accused Nos.1 & 2 as well as Sri Jitender Rao DATE OF ORDER:- 31.12.2025
EIO,, Crt.P.No.1792s_2025 Veeramalla, the learned Additional Public Prose,; rtor appearing for the respondent No.1- State.
3. The specific allegation against the petiti lners/accused Nos.1 & 2 is that they procured PDS Rice from 1 re ration card holders at lowest price for selling the same at higt t r price and on 07.02.2022 at around 1'l :00 hours, the petitioner:; were found in possession of 41 plastic bags of PDS rice weighirl around 17.25 Quintals
4. Learned counsel for the petitioners would .urther submit that without there being any complaint from ir ry beneficiary alleging that the Rice was procured deceptively or vith a criminal intent, charging the petitioners for prosecution is rntenable and improper. The allegations leveled against the pe:i ioners cannot be sustained. Fu(her, this Court in Crl.P.Nos.57rl ) of 2019 and 33493 of 201 5, while considering the same situatic r , categorically observed that the offences alleged against the pe'i ioners therein cannot be continued and quashed the pror; redings. The petitioners herein are also entitled to the same rel ef and hence prayed to quash the proceedings against the petitior ers.
ETDJ Crl,P-No.17925 2025
5. The learned Additional Public Prosecutor has submitted that as per prosecution, the offences said to have been committed by the petitioners is cheating and violation of Sections 7 and B of the Essential Commodities Act, 1955 and hence requested to pass appropriate orders
6. Perused the material available on record.
7. Sections 7 and B of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioners herein had procured PDS rice from the beneficiaries after supply from the dealer.
8. 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 petitioners in any way deceptively induced the beneficiaries to paft with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or contract. ln the absence of essenfra/ factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, I I I I
ETDJ Crl.P.No.17925 2025 continuance of proceedings against the petitioners ; abuse of pro,ess of law."
9. The facts and circumstances of the present case also are similar to those in the above case and hence, this ( ourt finds it to be a fit case to exercise jurisdiction under Sectiorr 528 of BNSS, 2023 by applying the same analogy and t, , quash the proceedings against the petitioners herein.
10. Accordingly, the Criminal Petition is all<rued and the proceedings against the petitioners/accused ll rs.1 & 2 in C.C.No.337 of 2022, on the file of the learnei ll Additional Judicial Magistrate of First Class at Nizamabac, are hereby quashed.
11. Miscellaneous petitions pending, if any, shall r tand closed- Sdifl \' . P. PONNA KRISHNA S STANT REGISTRAR -r //TRUE COPY// ,SECTION OFFICER To, '1. The ll Additionat Judiciat fr{gOlgtrqte of First Ctass'bi f.ti :amabad
2. The S-Ho, pS Nizamabad Vt"TNi, Niz;;;b;d: """ '' ' ? 9n" 99 to sRt GAJE nncuu Aovo-caie iSFucr
4. One CC to Addr. pUBLTC pnOseCU-iOn hi'vJ#e tOt, lcl
5. Two CD Cooies GE/DL M/ ;:!,i
HIGH COURT DATED:3111212025
ORDER
CRLP.No.17925 of 2025 ALLOWNG THE CRLP WITHOUT COSTS 1HF.IIA 3 29JAizozn Di... " /)/' I * :t. % )b (
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