Gudala Venugopal vs The State Of Telangana on 3 July, 2025

Telangana High Court

Gudala Venugopal vs The State Of Telangana on 3 July, 2025

Author: N.Tukaramji

Bench: N.Tukaramji

             THE HONOURABLE SRI JUSTICE N.TUKARAMJI

                 CRIMINAL PETITION No. 8206 OF 2025

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 petitioners in Crime No. 123

of 2025 of Gowraram Police Station, Siddipet District.

2. The petitioners are arrayed as accused Nos.1, 3 to 5, 7 to 9 and

11 in Crime No. 123 of 2025 registered for the offences punishable

under Sections 420, 406, 409 of the Indian Penal Code, 1860 (for short

‘I.P.C.’) and Section 7 of Essential Commodities Act,1955 (for short,

‘EC Act‘).

3. Heard Mr. K. Venumadhav, learned counsel for the petitioners

and Mr.Jithender Rao Veeramalla, learned Additional Public

Prosecutor, representing respondent No.1-State.

4. The prosecution case in brief is that the petitioners being partners

of M/s.Sri Sai Baba Binny Modern Rice Mill, Nacharam Village, Wargal

Mandal, Siddipet District, engaged in the business of milling of paddy.

The Telangana State Civil Supplies Corporation Limited (for short,

‘TGSCSCL’) entered into agreement with the petitioners’ firm for

procuring and milling of paddy and to deliver back the custom milling
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rice. It is alleged that the TGSCSCL Department had conducted

inspection in the rice mill and found 7,043.70 quintals of paddy missing.

Thus, a police report was lodged against the petitioners and the other

accused for misappropriation of stocks and violation of the agreement

and for recovery of the amounts.

5. Learned counsel for the petitioners would submit that accused

No.6 being lessee running the rice mill and the petitioners are neither

partners nor any way concerned with either the milling or paddy.

Therefore, alleging misappropriation and initiate prosecution without

any conclusive findings on relevant aspects alleging criminality is

untenable. Howsoever, petitioners are ready to cooperate with the

investigation and are intending to see the process through. He further

pointed out that a Coordinate Bench of this Court vide Criminal Petition

Nos.1574, 1575 of 2025, 895 and 12037 of 2024 held that Section 409

I.P.C. would not attract in the circumstances of the case and directed

the investigating agency for issuance of notice under Section 41-A of

the Code of Criminal Procedure and to follow the guidelines enunciated

in Arnesh Kumar v. State of Bihar 1. Thus, pleaded for granting similar

relief to meet their hardship.

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(2014) 8 SCC 273
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Crl.P.No. 8206 of 2025

6. Learned Additional Public Prosecutor would submit that as per

the allegations the petitioners are partners of the rice mill and the

findings during investigation have made out a clear case of

misappropriation. That apart, a Coordinate Bench of this Court in

Crl.P.Nos.3933 of 2024, 3305 of 2024 3306 of 2024, having considered

the submissions dismissed the criminal petitions. The petitioners herein

are also facing self same accusations, therefore, pending investigation

proceedings, this petition has to be dismissed.

7. I have perused the materials on record.

8. The pleading that the petitioners are landlords of the rice mill or

partners of the rice mill is to be examined in the investigation and it

would be to find out the alleged misappropriation against the

petitioners. Further, having regard to the nature of the offences, depth

of allegations against the petitioners and except the alleged offence

under Section 409 of I.P.C., rest of the accusations are punishable with

an imprisonment upto seven years and the readiness of the petitioners

to cooperate with the investigation, without entering into merits and

keeping all prerogatives of the Investigation open and to maintain

parity, the petitioners are directed to appear before the Station House

Officer (SHO), Gowraram Police Station, Siddipet District, within a week

from the date of receipt of a copy of this order. Upon such appearance,
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Crl.P.No. 8206 of 2025

the Investigating Agency shall issue notice under Section 41-A Cr.P.C.,

to the petitioners/accused Nos. 1, 3 to 5, 7 to 9 and 11 in connection

with Crime No.123 of 2025 and to adhere the guidelines of Arnesh

Kumar v. State of Bihar 2 before proceeding against the

petitioners/accused Nos. 1, 3 to 5, 7 to 9 and 11. In unison, the

petitioners/accused Nos. 1, 3 to 5, 7 to 9 and 11 are directed to submit

explanation and materials, if any, and shall cooperate with the

investigation.

9. With this direction, this Criminal Petition is disposed of.

Pending miscellaneous applications, if any, shall stand closed.

_______________
N.TUKARAMJI, J
Date: 03.07.2025
svl

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(2014) 8 SCC 273