THE HON’BLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.2929 OF 2021

ORDER

This criminal petition has been filed seeking to quash the proceedings in C.C.No.614 of 2020 on the file of Additional Judicial First Class Magistrate at Yellandu, Mahabubabad District for the offence under Sections 420 of Indian Penal Code (‘IPC’ for brevity) and Sections 7 and 8 of Essential Commodities Act, 1955 (‘EC’Act for brevity).

2. Heard Smt C.Sunitha Kumari, learned counsel for the petitioner and Sri M.Vivekananda Reddy, learned Assistant Public Prosecutor for respondent-State.

3. The case of prosecution is that the petitioners/accused have procured PDS Rice from the Cardholders/beneficiaries at cheaper rates and sold the same at higher rates for profit.

4. Learned counsel for the petitioners vehemently contended that the petitioners have not committed any offence and they were falsely implicated in the present crime. Even according to the complaint and the charge sheet, the ingredients for the offences under Sections 420 of IPC and Sections 7 and 8 of EC Act does not attract on the ground that the petitioners have purchased the PDS Rice in Civil Supplies Department. He further submitted that si