THE HON’BLE SHRI JUSTICE ANIL KUMAR JUKANTI

CRIMINAL PETITION No.7860 OF 2025

O R D E R:

This Criminal Petition is filed under Section 528 of the

Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by petitioner/accused No.2 to quash the proceedings in C.C.No.3437 of 2023 pending on the file of I Additional Junior Civil Judge-cum-I Additional Metropolitan Magistrate, Cyberabad at L.B.Nagar, arising out of Crime No.404 of 2023, registered for offences under Section 420 of the Indian Penal Code, 1860 (for short ‘the IPC’) and Section 7(1) of the Essential Commodities Act, 1955, (for short ‘the Act, 1955’)

by Police Station Balapur, Rachakonda Commissionarate.

2. Heard Mr. Janardhan Goud Sunkari, learned counsel for petitioner/accused No.2 and learned Assistant Public Prosecutor for the respondent – State. Perused the material

on record.

3. On the basis of a complaint of respondent No.2 (Sub- Inspector of Police), a crime in FIR No.404 of 2023 came to be

registered for the offence under Section 420 of IPC and Section 7(1) of the Act, 1955.

4. It is the case of complainant that on credible information that 13 gas cylinders (Domestic and Commercial), were being transported in an Auto (Mahindra) bearing No.TS07UE9479, at Markaz Gate, Shaheen Nagar, Balapur Mandal, information was given to superior officers and on instructions, conducted a raid at the said place along with staff. Person by name Mohammed Ibrahim was taken into custody, on enquiry, he disclosed, he was transporting commercial cylinders by purchasing them from P. Hari Krishna Goud of Bhavani Gas Agency, Mallapur and was selling cylinders to needy customers for higher rates, for monetary benefits. In the complaint, it is further reflected that the gas cylinders were brought to the Police Station and produced before SHO, Balapur, for necessary action.

5. A charge sheet came to be filed in the Court of I Additional Junior Civil Judge-cum-I Additional Metropolitan Magistrate, under Section 420 of IPC and Section 7 (1) of the Act, 1955.

6. It is submitted by learned counsel for petitioner/accused No.2 that petitioner was not doing any such activities as alleged in the complaint, that in fact he was transporting commercial cylinders to its customers from Bhavani Gas Agency. It is further submitted that petitioner has not violated any control orders and petitioner was transporting the cylinders for delivery to customers. It is also submitted that it is on the basis of confession statement of Mr. Mohammed Ibrahim, petitioner/accused No.2 is roped in as accused and said Mohammed Ibrahim is still absconding.

7. Learned counsel submitted that the allegations are not against petitioner and that in the charge sheet and in the complaint, there is allegation or charge of violation of any control order to the extent that Bhavani Gas Agency has been in collusion with accused No.1 i.e., Mr. Mohammed Ibrahim, except for the confessional statements of Mohammed Ibrahim. Learned counsel placed on the judgment in K. Subbarao and others v. State of Telangana¹, and contended that mere mention of name in the confession of AIR 2018 SC 4009 co-accused without any supporting material is insufficient to proceed against a person.

8. It is submitted that name of petitioner is not mentioned alleging that he has been supplying cylinders to Mohammed Ibrahim except for confessional statements, that there is no other material evidence on record to hold the petitioner guilty of charge.

9. It is lastly submitted that there is no allegation in the complaint that the cylinders which were taken into custody are the cylinders supplied by Bhavani Gas Agency. It is urged that charges levelled are without any basis and petitioner is falsely implicated. Hence, complaint be quashed.

10. On the other hand, learned Assistant Public Prosecutor for respondent-State submitted that on credible information Sub-Inspector of Police proceeded to the location i.e., Markaz Gate, Shaheen Nagar, Balapur Mandal, on instructions, from the super