THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4532 OF 2025

ORDER:

The present Criminal Petition is filed by the petitioners-

A.1 and A.2 praying the court to quash the proceedings against them in C.C.No.824 of 2023 pending on the file of Special Judicial Magistrate of First Class (Mobile) For Trial of Cases and PCR Act at Sangareddy. The offences alleged against the petitioners are under Section 420 of Indian Penal Code and under Section 7 (1) of Essential Commodities Act.

2. The facts of the case are that on 22.05.2023, the Deputy Tahsildar-2^nd respondent filed report before the police stating that on receiving credible information about illegal transportation of Government PDS rice from Bidar and supplying to Gujarat State, he conducted vehicle check at Kadak Chai Dhaba under Girmapoor, Malkapur Village under the limits of Kondapur Mandal, found 600 different plastic bags containing 296.20 quintals of PDS Rice. He seized the PDS rice and deposited at MLS Point Godown, Sangareddy for safe custody. Basing on the said complaint, the police registered the case against the accused for the said offences.

3. Heard Sri Dasi Ramesh, learned counsel for the petitioners and learned Assistant Public Prosecutor appearing for respondent No.1.

4. The contention of learned counsel for the petitioners is that against the order of Collector, petitioner approached the District and Sessions Court, Sangareddy under Section 6 (C) of the E.C.Act, vide Crl.A.No.26 of 2023. The learned Sessions Judge gave a finding stating there is no evidence to show that the seized rice is PDS rice. Therefore, no criminal case is maintainable. As there is a finding of the Sessions Court with regard to nature of rice stating that it is not PDS rice, continuation of proceedings against the petitioners is nothing but abuse of process of law. Hence, prayed this Court to quash the proceedings against the petitioners.

5. On the other hand, the learned Assistant Public Prosecutor relied on the order of this Court in Crl.P.No.82 of 2021 and Batch and contended that in that case, it was observed that the matter has to be adjudicated by the Court.

Hence, prayed to dismiss this criminal petition.

6. Considering the submissions made by both the counsel and material on record, the only allegation against the petitioners is that they transported PDS Rice illegally, whereas the District and Sessions Court, Sangareddy has already given a finding on the same seized property that it is not PDS rice. When there is a clear finding about the nature of rice, the offences alleged against the petitioners would not attract. However, learned Assistant Public Prosecutor relied on the order of this Court in Crl.P.No.82 of 2021 and Batch. The said batch of criminal petitions was filed at the crime stage which has to be investigated the same is not applicable to the present case. Hence, continuation of proceedings against the petitioners is nothing but abuse of process of law and the same is liable to be quashed.

7. Accordingly, the Criminal Petition is allowed and the proceedings against the petitioners in C.C.No.824 of 2023 pending on the file of Special Judicial Magistrate of First Class (Mobile) For Trial of Cases and PCR Act at Sangareddy are hereby quashed.

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

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K. SUJANA, J Date :09.04.2025

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THE HONOURABLE SMT JUSTICE K. SUJANA CRIMINAL PETITION No.4532 OF 2025 DATE :09.04.2025

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