CRLP/14031/2024 of Bejjanki Anjaiah Vs The State of Telangana on 30 October 2025

[ 32s7 ]

THE HIGH COURT FOR THE STATE OF TELANGANA AT HYOERABAD

THURSDAY THE THIRTIETH DAY OF OCTOBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE JUVVADI SRIDEVI

CRIMINAL PETITION NO: 14031 OF 2024

Between

AND

Bejjanki Anjaiah, S/o. Lachaiah, Age. 55 Years, Occ. Ration Dealer, R/ o. H

No. 5-88, Gopalpur Village, Karimnagar Mandal and District.

...PETITIONER/ACCUSED NO.1

1. The State of Telangana, through S.H.O., P.S. Karimnagar Rural, Karimnagar Diskict, represented by Public Prosecutor, High Court at Hyderabad.

2. V. Shekar, S/o. Not known to the petitioner, Age. Major, Occ. Sub Inspector of Police, PS. Karimnagar Rural, Karimnagar Proper and District.

...RESPONDENT/DEFACTO-COMPLAINANT

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 charge sheet in C.C. No. 2025 ol 2024, on the file of ll Additional Judicial Magistrate of First Class at Karimnagar, as against the petitioner/ Accused No. 1

l.A. NO: 1OF 2024

Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased to stay of all further proceedings including appearance of the petitioner/Accused No. 1 in C.C. No. 2025 ot 2024, on the file of ll Additional Judicial Magistrate of First Class at Karimnagar, This Petition coming on for hearing,upon perusing the'Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K

VENUMADHAV ,Advocate for the Petitioner and Sri M.Ramachandra reddy Additional Public Prosecutor on behalf of the Respondent Nol and 2.

The Court made the following: ORDER

THE HONOURABLE SMT. JUS'flCE JUWADI SRIDEVI

CRIMINAL PETITION No.14031 ol2024

R:

This Criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short 'BNSS, 2023') by the petitioner-accused No.1 seeking to quash the proceedings against him in C.C No.2025 of 2024 pending on the file of the learned ll Additional Judicial Magistrate of First Class at Karimnagar, registered for the offences under Section 120-8, 409, 420 read with 109 and 34 of IPC and Section 7 of the Essential Commodities Act,

1955.

2.

Heard Mr. K.Venumadhav, learned counsel for the petitioner and Sri [\4.Ramachandra Reddy, learned Additional public Prosecutor appearing for respondent No.1-State. Perused the record.

3.

The allegation against the petitioner is that the accused being ration dealer used to distribute some of the Government supplied rice to the beneficiaries and managed the remaining beneficiaries by giving Rs.10 to 15/- per Kg. rice and kept the same with him for getting wrongful gain by selling the same at a higher price for profit.

!

t:

I

I

I

i,

4.

Learned counsel for the petitioner submits that the present crime was registered against the petitioner on the allegation that he procured the rice deceptively and with criminal intent, despite there being no complaint from the beneficiaries. lt is contended that the allegations, even if taken at face value, do not make out a prima facie case against the petitioner. Furthermore, this court, in crl.P.Nos.5709 of 2019 and 33493 of 201s, while deating with similar circumstances, has categorically held that the offences alleged against the petitioners therein cannot be sustained and accordingly quashed the proceedings. The petitioner is similarly placed and is entitled to the same relief. Hence, he prayed to quash the proceedings against the petitioner.

5.

Perused the material available on record

6.

sections 7 and 8 of the Essentiat 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 petitioner has procured PDS rice from the beneficiaries after supply from the dealer.

a \

\ \

l4/rp::*,,".1;gr

/

.

/^

7.

A Coordinate Bench of this Court in Crl.P.No.7227 ot 2025 has considered the identical facts and observed that:

"There is no averment indicating that the petitioners in any way de<:eptively induced the beneficiaries to pafi with tlrc supplied PDS rice or the beneficiary entrusted ihe PDS rice purchased by them wtth the petitioners and they dishonestly misappropriated or converled to their own use or used it in violation of a lavvful direction or contract. ln the absence of essenlla/ factors, on the face of prosecution, this Coutt finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedtngs against the petitioners ls abuse of process of law."

8. The facts and circumstances of the present case are also similar to those in the above case. Hence, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of BNSS by applying the same analogy and to quash the proceedings against the petitioner herein.

9.

Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.1 in C.C.No.2025 of 2024 pending on the file of the learned ll Additional Judicial Magistrate of First Class at Karimnagar are hereby quashed.

Miscellaneous petitions, pending if any, shall stand closed.

SD/. A.JAYASREE

ASSISTANTREGISTRAR

To,

//TRUE COPY//

SECTION OFFICER

1. The ll Additional Judicial Magistrate of First Class at Karimnagar,

2. The Station House Officer, police Station Karimnagar rural , Karimnagar

3. One CC to SRt. K VENUMADHAV Advocate IOPUC]

t +:fi,39:"iEiI"',.3#?J,Ir?sECUroR Hish court ror the state or

5. Two CD Copies

,d

II

t.

t

i

t

i

I

HIGH COURT

DATED:30/1 012025