Telangana High Court
Chinda Rama Krishna Raju vs The State Of Telangana on 25 June, 2025
Author: N. Tukaramji
Bench: N. Tukaramji
THE HONOURABLE SRI JUSTICE N. TUKARAMJI
CRIMINAL PETITION No.7622 of 2025
ORDER:
This petition is filed under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘BNSS, 2023’) seeking quashment
of the proceedings in C.C.No.59 of 2023 pending on the file of the
learned Additional Judicial First Class Magistrate at Thorrur, against
the petitioners/accused Nos.1 to 5.
2.
[ Heard Mr.Laxmaiah Kanchani, learned counsel for petitioners/
accused Nos.1 to 5 and Mr.Jithender Rao Veeramalla, learned
Additional Public Prosecutor appearing for the respondent-State.
3. The petitioners are arrayed as accused Nos.1 to 5 in C.C.No.59
of 2023 for the offences under Section 420 of the Indian Penal Code,
1860 and Sections 7 and 8 of the Essential Commodities Act, 1955
(for short ‘the Act’).
4. The specific allegation against the petitioners/accused Nos.1 to
5 is that they have procured PDS rice from the beneficiaries at
cheaper rate to sell the same for profit and on 09.09.2022 at about
02.00 A.M., the petitioners were found in possession of 156 quintals of
PDS rice.
2
NTR,J
CRL.P.No.7622 of 2025
5. Learned counsel for the petitioners would submit that without
there being any complaint from any beneficiary, the rice was procured
deceptively or with a criminal intent, charging the petitioners for
prosecution is untenable and improper. The allegations on their face
value cannot be sustained against the alleged offences. Further, this
Court in Crl.P.Nos.5709 of 2019 and 33493 of 2015 while considering
the self-same situation categorically observed that the offences
alleged against the petitioners therein cannot be continued and
quashed the proceedings. The petitioners also entitled to same relief,
hence prayed to quash the proceedings against the petitioners.
6. I have perused the materials on record.
7. As per the prosecution, the offence said to have been committed
by the petitioners is cheating and violation of Sections 7 and 8 of the
Act.
8. 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. The situation does not
amount either intervening with the supply or distribution or trade of the
PDS rice, as the material rice had reached the beneficiary.
3
NTR,J
CRL.P.No.7622 of 2025
9. That apart, there is no averment indicating that the petitioners in
any way deceptively induced the beneficiaries to part with the supplied
PDS rice or any beneficiary entrusted the PDS rice purchased by them
with the petitioners and they dishonestly misappropriated or converted
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 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 petitioners is found
abuse of process.
10. For the aforesaid, this petition is allowed and the proceedings in
C.C.No.59 of 2023 pending on the file of the learned Additional
Judicial First Class Magistrate at Thorrur, against the petitioners/
accused Nos.1 to 5, are hereby quashed.
Miscellaneous petitions, pending if any, shall stand closed.
_____________________
JUSTICE N. TUKARAMJI
Date: 25.06.2025
rev