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 similar issue came up for consideration before this Court about applicability of Section 420 of IPC and Sections 7 and 8 of EC Act in Crl.P.No.13758 of 2018 wherein this Court allowed the criminal petition and quashed the proceedings therein. Pursuant to the said order this Court disposed of several cases namely Crl.P.Nos.7042 of 2025, 7044 of 2025 and 5746 of 2025. Learned counsel for the petitioners placed the copies of the said orders before this Court by duly serving upon the learned Assistant Public Prosecutor.

5. Learned Assistant Public Prosecutor also not disputed the same.

6. Having considered the rival submissions made by the respective parties and also taking into consideration the orders passed by this Court in Crl.P.Nos.7042 of 2025 dated 16.06.2025, 7044 of 2025 16.06.2025 and 5746 of 2025 dated 13.04.2025, this Court is of the considered view that there is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to part with the supplied PDS rice or and the beneficiary entrusted the PDS Rice purchased by him with the petitioner and he dishonestly misappropriated or converted his own use or used it in violation of a lawful direction or contract. In the absence of essential facts, on the face of prosecution this Court finds it fit case to exercise the jurisdiction under Section 528 of The Bharatiya Nagarik Suraksha Sanhita, 2023. Further, in Crl.P.No.13758 of 2018 a Coordinate bench of this Court has considered identical case facts and drawn similar conclusions. Thus, continuance of proceedings against the petitioner is found abuse of process.

7. For the foregoing reasons this Court is inclined to quash the proceedings in C.C.No.614 of 2020 on the file of P.S.Garla, Mahabubabad District against the petitioners. Accordingly, quashed.

8. In the result, the criminal petition is allowed.

Miscellaneous petitions, if any, pending in this criminal petition shall stand closed.

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J. SREENIVAS RAO, J Date: 24.11.2025 PSW