THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.14031 of 2024

ORDER:

This Criminal petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) by the petitioner-accused No.1 seeking to quash the proceedings against him in C.C.No.2025 of 2024 pending on the file of the learned II Additional Judicial Magistrate of First Class at Karimnagar, registered for the offences under Section 120-B, 409, 420 read with 109 and 34 of IPC and Section 7 of the Essential Commodities Act, 1955.

2. Heard Mr. K.Venumadhav, learned counsel for the petitioner and Sri M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for respondent No.1-State. Perused the record.

3. The allegation against the petitioner is that the accused being ration dealer used to distribute some of the Government supplied rice to the beneficiaries and managed the remaining beneficiaries by giving Rs.10 to 15/- per Kg. rice and kept the same with him for getting wrongful gain by selling the same at a higher price for profit.

4. Learned counsel for the petitioner submits that the present crime was registered against the petitioner on the allegation that he procured the rice deceptively and with criminal intent, despite there being no complaint from the beneficiaries. It is contended that the allegations, even if taken at face value, do not make out a prima facie case against the petitioner. Furthermore, this Court, in Crl.P.Nos.5709 of 2019 and 33493 of 2015, while dealing with similar circumstances, has categorically held that the offences alleged against the petitioners therein cannot be sustained and accordingly quashed the proceedings. The petitioner is similarly placed and is entitled to the same relief. Hence, he prayed to quash the proceedings against the petitioner.

5. Perused the material available on record.

6. 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 has procured PDS rice from the beneficiaries after supply from the dealer.

7. 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.”

8. The facts and circumstances of the present case are also similar to those in the above case. 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 petitioner herein.

9. Accordingly, this Criminal Petition is allowed and the proceedings against the petitioner-accused No.1 in C.C.No.2025 of 2024 pending on the file of the learned II Additional Judicial Magistrate of First Class at Karimnagar are hereby quashed.

Miscellaneous petitions, pending if any, shall stand closed.

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JUVVADI SRIDEVI, J Dt: 30.10.2025 BV