THE HONOURABLE SRI JUSTICE N.TUKARAMJI CRIMINAL PETITION No. 9086 OF 2024

ORDER

This Criminal Petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment of the proceedings against the petitioner in C.C.No.44 of 2021 pending on the file of the learned Judicial First Class Magistrate, Bellampalli, Mancherial District.

2. The petitioner is arrayed as accused No.2 in the Calendar Case registered for the offences punishable under Sections 420 of the Indian Penal Code, 1860, and Section 7 of Essential Commodities Act,1955 (for short, ‘EC Act’).

3. Heard Mr. K. Venumadhav, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor, representing respondent No.1.

4. The specific allegation against the petitioner/accused No.2 is that he along with accused Nos.8 and 10 has procured PDS rice from surrounding villages at cheaper rate to sell the same for profit and on 23.09.2020, at about 14:30 hours, while the accused were transporting PDS rice about 800 quintals, the Police concerned seized the same under the cover of panchanama.

5. Learned counsel for the petitioner would submit that without there being any complaint from any beneficiary, the rice was procured deceptively or with a criminal intent, charging the petitioner for prosecution is untenable and improper. The allegations cannot be sustained against the alleged offences. Further, this Court in Crl.P.Nos.33493 of 2015 and 5709 of 2019 while considering the selfsame situation, categorically observed that the offences alleged against the petitioners therein cannot be continued and quashed the proceedings. The petitioner also entitled to same relief, hence, prayed for quashing the proceedings against the petitioner.

6. I have perused the materials on record.

7. As per the prosecution, the offences said to have been committed by the petitioner are cheating and violation of Section 7 of the EC Act.

8. Section 7 of EC Act contemplates 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 petitioner has procured PDS rice from surrounding villages of Hyderabad. The situation does not amount either intervening with the supply or distribution or trade of the PDS rice.

9. That apart, there is no averment indicating that the petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice and beneficiaries entrusted the PDS rice purchased by them 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 factors, on the face of prosecution, this Court finds it a fit case to exercise the jurisdiction under Section 528 of BNSS. 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.

10. For the aforesaid, this Criminal Petition is allowed and the proceedings in C.C.No. 44 of 2021 pending on the file of the learned Judicial First Class Magistrate, Bellampalli, Mancherial District, against the petitioner/accused No.2, are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

_______________ N.TUKARAMJI, J Date: 18.07.2025 svl