THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.4977 OF 2025

ORDER:

This Criminal Petition is filed by the petitioners – accused Nos.2 and 3 seeking to quash the FIR No.80 of 2025 on the file of the P.S. Varni, registered for the offences under Sections 406, 409, 417, 420 of the Indian Penal Code and Section 7 of the Essential Commodities Act.

2. Heard the submissions of Sri K.S.Suneel, learned counsel for the petitioners and Smt.Shalini Saxena, learned Assistant Public Prosecutor for respondent No.1 – State.

3. The learned petitioners counsel has submitted that the petitioners herein are the guarantors and that they cannot be prosecuted and they are not liable under the Essential Commodities Act also. He further argued that there was only an agreement with the accused No.1 to supply rice to the Civil Supplies Corporation and that the petitioners herein have stood only as guarantors to the said agreement and thus, criminal liability cannot be fastened on them. He further argued that the petitioners are no way responsible as they are not the persons who received any supply of rice, it is only accused No.1 who received the alleged rice and it was for him to mill and ha