Telangana High Court
CRLP/13032/2025 of Motam Saraiah Vs The State of Telangana on 9 October 2025
S/o. Chandraiah, Aged 35 years, Occ . Business, R/o_ H.No. S-LM/2, _ D,evunipalli Kodurupaka, Sultanabad Mandil, peddapalli District. 2. Motarr Guruvaiah, S/o. Mahankali, Aged 40 years-, Occ. Business, R/o. H.No. 5_ ^ !y/2, Devunipalli Kodurupaka, Sultanabad Mandal, Peddapalli Disrrict_ 3.
Between:
1. Motam Saraiah. S/o. Chandraiah, Aged 35 years, Occ . Business, R/o_ H.No. S-LM/2, _ D,evunipalli Kodurupaka, Sultanabad Mandil, peddapalli District.
2. Motarr Guruvaiah, S/o. Mahankali, Aged 40 years-, Occ. Business, R/o. H.No. 5_
^ !y/2, Devunipalli Kodurupaka, Sultanabad Mandal, Peddapalli Disrrict_
3. Mgtam Devendar, S/o. Mahankali, Aged 28 years, Occ.^ Business, R/o. H.No. 3_
247 /8/ A, Rajavaram, Ghanpur Mandal, jangaon Dishict.
AND
...Petitioners / Accused.
IN THE HIGH COURT FOR TT{E STATE OF TELANGANA AT HYDERABAD
THURSDAY, THE NINTH DAY OF OCTOBER
TWOTHOUSAND AND TWENTY FTVE
PRESENT
THE HONOURABLE SMT IUSTICE JI.IVVADI SRIDEVI
Crirninal Petition No.13032 of 2025
I.A. NO: zOF 702r
Petition untler Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitiorl the High court may be pleased to grant interim stay of all further proceedings in proceedings in C.C. No. 487 of 2023, on the file of thc Judicial Magistrate of First Class at Nandimyadaram, including appearance and attendance of the petitioners/Accused Nos.1, 2. & 3 pending disposal .f the above Crirninal 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, Ad'ocate for the Petitioner and the Public Prosecutor on behall of the Respondent No.1 and of the Respondent No.2 not appearing in person or through his counsel.
The Court made the followirrg: ORDER
1. The.State of Telangana, Rep. by its Public Prosecutor, High Court of Telargana, at Hyderabad.
2. Sri Nom rla MallikagunReddy,S/o. Narsinrha Reddy, Aged 47 year, Occ.Civil Supp lics Depu ty Talsildar, Sulthanabad R/ o. H.No.-10-1--574, Karimnagar_
...Respondents/Complarnant.
Pehtion under scction 528 of BNSS praying that in the circumstances stateti in the Memorandum of Grounds of Criminal Petition, the High Court may be plcased to quash the impugned proceedings in C.C.No.487 of 2023, on the {ile of the Judicial Magistrite of First Class at Nandimyadaram, against the petitioners/Accused Nos. 1, 2 & 3 and pass such other order or orders may deem fit and proper in the circumstar-rces of the case.
THE HONOURABLE SMT. JUSTICE JUWADI ISRIDEVI
CRIMINAL PETITION No.13032 of 202!i
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ORDER:
This Criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2Q23 (for short 'BNSS, 2023') by the petitioners-accused Nos.'l to 3 seeking to quash the proceedings against them in C C.No 487 of 2023 pending on the file of the learned Judicial lVlagistrate of First Class at Nandimydaram, registered for the offences under Section 420 read with Section 34 of IPC and Section 7 of the Essential Commodities Act, 1955
2. Heard [r4r. G.Raghu, learned counsel for the pe:titioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No 1-State. Perused the recrtrd
3. The allegation against the petitioners is that they have procured PDS rice from the beneficiaries at a lov/er price by deceiving them, urith an intention to sell the same at a higher price for profit
4. Learned counsel for the petitioners submits that the present crime was registered against the petitioners on the allegation that they procured the rice deceptively and with criminal intent, despite there being no complaint from the beneficiaries. lt is r:ontended that I I i i t ' I I i It I I i I
the allegations, even if taken at face value, do not make out a pima facie case against the petitioners. Furthermore, this Court, in Crl.P.Nos.5709 of 20.t9 and 33493 of 2015, white dealing with similar circumstances, has categorica[y herd that the offences alleged against the petitioners therein cannot be sustained and accordingly quashed the proceedings. The petitioners are similarly placed and are entifled to the same relief. Hence, he prayed to quash the proceedings against the petitioners.
on the other hand, rearned Additionar pubric prosecutor fairry submits that in similar circumstances, this Court has quashed the proceedings against the petitioners therein in number of cases.
Perused the material available on record.
7. Sections 7 and g of the Essential Commodities Act contemplate that any person contravenes lvith the production, supply, distribution and trade of essential commodities or abetment in this regard, is pi.rnishable. As per the prosecution, the petitioners have 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: I I
"There is no avermenl, indic.ating that the petitioners in any way deceptively induced thc beneficiaries t. i",tii'i"tli, supptied PDS rice or the beneficiarv e.ntrusled tne p6i" rii' tt",rcnaseA ry them with the petitioners ind they atsninesll iiirii,i.ipnut"d o, convefied to their own u". o, u""i it ii ri;i;;;; L,iZ.Lr*ir, direcrion or contract. tn the absence or ur""niii-ii"t:oir," oir,,tiiu r"u or prosecution, this Coui finds_ it- t_o ne a ri-ii"i io' i.'xercise me Jurisdiction under Section 52s or BNSg zois""ri"ur,*"r7i^tinrrn", or proceedings against the petitioners ls ab,se ofa proiirr"ii,:u* "
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 52U of BNSS by applying the same analogy and to quash the proceedinrls against the petitioners herein
10. Accordingly, this Crimrnal petition is allorved and the proceedings against the petitioners_accused C.C.No.4B7 of 2023 pending on the file of the Magistrate of First Class at Nandimydaram, are hereby cluashed. Miscellaneous petitions, pending if any, shall sta.cl closed SD/. A.JAYASREE AIiSISTANTREGISTRAR / /TRUEC]PY/ / SECTIONOFFICER Nos.1 to 3 in le,arned Judicial
To,
l. The Judicial First Class. Mag.istratc at Nandimyadaram ipeddal.,dUi).
2. The Starion Hou se officer,"Dr,".""ri"^ pi"n"l H;;,,", ped d a gralli
1. ffi Eff:.,ii"Jl:'xiY:*.1i"1:;t,.;J?iY:J,,,*gs,Hvd:rabadrepuqcocD ICK/t,SL V\-
t I HIGHCOURT DATED:l9/10/2025
ORDER
CRLP.No.13032 of 2025 Allowing the Criminal Petition. 1 5 t,|GU 2025 j ,,., \ t r riL S I t o -!' ,..-n"ri..!i-, o 4f pC"/: &*