THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.13073 of 2025

O R D E R

This Criminal petition is filed by the petitioners-accused Nos.1 to 3 under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of proceedings in C.C.No.115 of 2024 on the file of the learned Judicial Magistrate of First Class, Nandimyadaram, registered for the offences under Section 420 of the Indian Penal Code (for short ‘IPC’) & Section 7 of the Essential Commodities Act (for short ‘the Act’).

02. Heard Sri Bongoni Sairam Goud, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the State.

03. Learned counsel for the petitioners submits that the specific allegation levelled against the petitioners is that they had procured PDS rice from the beneficiaries at a cheaper rate with an intention to sell the same for profit, and that on 18.09.2017, at about 22:30 hours, the petitioners were allegedly found in possession of PDS rice, whereupon the Police seized 66-20 quintals of PDS rice and kept the same under safe custody.

04. 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, 33493 of 2015 and 1230 of 2025 while considering the same situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners.

05. On the other hand, learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Sections 7 and 8 of the Essential Commodities Act, 1955 and requested to pass appropriate orders.

06. Sections 7 and 8 of the 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 petitioners have procured PDS rice from the beneficiaries after supply from the dealer.

07. 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.”

08. The facts and circumstances of the present case also similar to those in the above cases and hence, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of the BNSS by applying the same analogy and to quash the proceedings against the petitioner herein.

09. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.115 of 2024 on the file of the learned Judicial Magistrate of First Class, Nandimyadaram, against the petitioners-accused Nos.1 to 3, are hereby quashed.

As a sequel, pending miscellaneous applications, if any, shall stand closed.

__________________ JUVVADI SRIDEVI, J

Date: 09-OCT-2025

KHRM

THE HONOURABLE SMT. JUSTICE JUVVADI SRIDEVI CRIMINAL PETITION No.13073 of 2025

Date: 09-OCT-2025

KHRM