IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD

THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA

CRIMINAL PETITION No.105 of 2026

DATE OF ORDER:- 07.01.2026

Between:

Yellenki Viran Kumar,

R/o.Karimnagar District.

… Petitioner/Accused No.3

AND

The State of Telangana

rep. by its Public Prosecutor,

High Court at Hyderabad & another.

…Respondents

ORDER

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused No.3 in C.C.No.275 of 2023, on the file of the learned II Additional Junior Civil Judge-cum- Judicial Magistrate of First Class (Juvenile Court), Bhupalapally, registered for the offences punishable under Section 420 of IPC and

Section 7 of Essential Commodities Act, 1955.

2. Heard Sri Anuganti Praneeth, learned counsel for the petitioner/accused No.3 as well as Sri Jitender Rao Veeramalla, the

learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. The specific allegation against the petitioner is that he procured PDS Rice from ration card holders in Odipilavancha surrounding villages at lowest price for selling the same at higher price and on 12.04.2022 at 20:00 hours, the petitioner was found in possession of 24 bags of PDS Rice weighing about 10 Quintals.

4. Learned counsel for the petitioner would further submit that without there being any complaint from any beneficiary alleging that the Rice was procured deceptively or with a criminal intent, charging the petitioner for prosecution is untenable and improper. The allegations leveled against the petitioner cannot be sustained. Further, this Court in Crl.P.Nos.5709 of 2019 and 33493 of 2015, while considering the same situation, categorically observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings. The petitioner herein is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

5. The learned Additional Public Prosecutor has submitted that as per prosecution, the offences said to have been committed by the petitioner is cheating and violation of Sections 7 and 8 of the Essential Commodities Act, 1955 and hence requested to pass appropriate orders.

6. Perused the material available on record.

7. Sections 7 and 8 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 petitioner 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 part 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. In the absence of essential 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, continuance of proceedings against the petitioners is abuse of process of law.”

9. The facts and circumstances of the present case also are 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, 2023 by applying the same analogy and to quash the proceedings against the petitioner herein.

10. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioner/accused No.3 in C.C.No.275 of 2023, on the file of the learned II Additional Junior Civil Judge-cum- Judicial Magistrate of First Class (Juvenile Court), Bhupalapally, are hereby quashed.

11. Miscellaneous petitions pending, if any, shall stand closed.

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