ORDER:-

1. This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Court to quash the proceedings against the petitioners/accused Nos.5, 7 & 8 in C.C.No.964 of 2021, on the file of the learned I Additional Judicial First Class Magistrate at Sathupaly, registered for the offences punishable under Section 420 of IPC and Sections 7 & 8 of Essential Commodities Act, 1955.

2. Heard Sri A.Shiva Sainath, learned counsel for the petitioners as well as Sri Jitender Rao Veeramalla, the learned Additional Public Prosecutor appearing for the respondent No.1- State.

3. Learned petitioners’ counsel has submitted that the petitioners are innocent and that they are not concerned with the illegal transportation of PDS rice and that just based on the confessional statements, the petitioners herein are arrayed as accused and therefore prayed to quash the proceedings against the petitioners.

4. The learned Additional Public Prosecutor has submitted that there are specific allegations against the petitioners herein that they got involved in illegal transportation of Rice pertaining to Public Distribution System. He therefore prayed to dismiss the petition.

5. Perused the record. The recitals of charge sheet point out that accused Nos.1 & 2 met accused Nos.5 to 8 as they were introduced by accused No.3 and they have loaded 270 bags of ration rice in their lorry bearing No.RJ-09-GC-8777 and started from Khammam by taking some papers and bills with an intention to recycle the same and to sell them in the market and are indulged in clandestine business of PDS rice. The veracity of the witnesses and the genuinity of way-bills need to be tested during the course of trial. Hence, it is deemed appropriate to dispose of the Criminal Petition by dispensing with the presence of the petitioners before the Trial Court.

6. Hence, the Criminal Petition is disposed of dispensing with the presence of the petitioners/accused Nos.5, 7 & 8 before the Trial Court provided that the petitioners are represented through an Advocate on every date of hearing and that they shall be present before the Trial Court whenever their presence is specifically required during the course of trial.

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

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