THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14897 OF 2025

ORDER :

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking to quash the proceedings against the petitioner/accused No.3 in Crime No.618 of 2025 of Adilabad I-Town Police Station, Adilabad District, registered for the offences under Sections 318 (4), 316(5) of the Bharatiya Nyaya Sanhita, 2023, Section 7 of the Essential Commodities Act, 1955 (for short ‘the act’) and Section 17(e) of the Telangana State Public Distribution System (Control) Order, 2016.

2. Heard Mr.Soma Ravi Kiran Reddy, learned counsel for petitioner/ accused No.3, Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-

State.

3. Learned counsel for the petitioner submitted that the petiioner is innocent of the said allegations and a false case was registered against him and there are no specific allegations leveled against the petititoner herein. The allegations are only against the accused Nos.1 and 2 and that the petitioner was arrayed as accused No.3 only on the confession of the other accused. He further submitted that that without there being any complaint from any beneficiary, the rice was procured deceptively or with a criminal intent, charging the petitioner for prosecution is untenable and improper. The allegation on its face value cannot be sustained against the alleged offences. Further, this Court in Crl.P.Nos.5709 of 2019 and 33493 of 2015 while considering the self same situation categorically observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings. The petitioner herein also entitled to same relief, hence prayed for quash the proceedings against the petitioner.

4. As per the prosecution, this offence said to have been committed by the petitioner is cheating and violation of Section 7 of the Act.

5. Section 7 of the act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abatement in this regard is punishable. As per the prosecution, the petitioner has procured PDS rice from the beneficiaries after supply from the dealer. The situation does not amount either intervening with the supply or distribution or trade of the PDS rice, as the material rice had reached the beneficiary.

6. That apart, there is no averment indicating that the petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice or and beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converted 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 fit case to exercise the jurisdiction under Section 528 of BNSS. Further, in Crl.P.No.13758 of 2018 a Coordinate bench of this Court has considered identical case facts and drawn similar conclusions. Thus, continuance of proceedings against the petitioner is found abuse of process.

7. For the aforesaid reasons, this petition is allowed and the proceedings in Crime No.618 of 2025 of Adilabad I-Town Police Station, Adilabad District, against the petitioner/ accused No.3 are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

_______________ K. SUJANA, J Date: 14.11.2025

SS/TU

THE HONOURABLE SMT. JUSTICE K. SUJANA CRIMINAL PETITION No.14897 OF 2025 Date: 14.11.2025

SS/TU