THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.14562 of 2025

ORDER:

This Criminal petition is filed by the petitioners/accused Nos.1 to 4 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of proceedings in C.C.No.104 of 2025 on the file of the learned Principal Judicial Magistrate of First Class at Armoor, registered for the offences under Section 196 of the Motor Vehicle Act, 1988 and Section 7 of the Essential Commodities Act, 1955.

2. Heard Sri C.Sravan Kumar, learned counsel for the petitioners as well as Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-

State.

3. Learned counsel for the petitioners submits that the specific allegation against the petitioners is that they have procured PDS ricefrom the beneficiaries at cheaper rate to sell the same for profit and on 16.12.2024 at 16.00 hours, the petitioners were found in possession of 37.20 quintals of PDS rice.

4. Learned counsel for the petitioners would further submit that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper.

The allegations on their face value cannot be sustained against the petitioners. 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 petitioners therein cannot be continued and quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

5. The learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 and requested to pass appropriate orders.

6. Perused the material available on record.

7. Section 7 of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities in this regard, is punishable. 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:

“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 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 by applying the same analogy and to quash the proceedings against the petitioners herein.

10. Accordingly, the Criminal Petition is partly allowed and the proceedings in C.C.No.104 of 2025 on the file of the learned Principal Judicial Magistrate of First Class at Armoor, registered for the offences under Section 7 of the Essential Commodities Act, 1955, against the petitioners-accused Nos.1 to 4, are hereby quashed.

Miscellaneous petitions, pending if any, shall stand closed.

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JUSTICE TIRUMALA DEVI EADA

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