[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 8823 OF 2026 Between: Ri./o 1. Aitharju Prasad, S/o Kashaiah, Aged about 37 years, Occ. Driver, Venkatasai Function Hall, Hanuman Nagar Road No.5, Nalgonda. Native of Koppole Village, Gunampode Mandal, Nalgonda District. 2. Soma Ramakrishna, S/o Narsimha, Aged about 44 yearc, Occ. Transport Business, Fl/o Rock Hills Colony, Hyderabad Road, Nalgonda ll Town, Nalgonda District. 3. Palleboina Gopi Chand, S/o Venkatanarayana, Aged about 28 years, Occ. Business, Rl/o Shaer Mohammad Peta Village, Jaggaiah Peta Mandal, Krishna District, Andhra Pradesh. ...Petitioners/Accused AND 1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad. 2. Sri B. Giribabu, Police Constable No. 3805, Narketpally Police Station, Nalgonda District. ...Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC.No. 860 of 2024 arising out of Crime No. 124 of 2024 of Narketpally Police Station, Nalgonda District, pending on the file of the Spl. JFCM Excise Judge, Nalgonda. l.A. NO: 2OF 2026

Petition under Section 52B of BNSS praying that in the circumstances stated in the [V'lemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in CC.No. 860 ot 2024 arising out of Crime No. 124 of 2024 o'f Narketpally Police Station, Natgonda District, pending on the file of the spl. JFCM Excise Judge Nalgonda, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri K. Vishnu Kanth, Advocate for the Petitioners and the Additional public prosecutor on behalf of the Respondent No.1. The Gourt made the following Order:- sEr.sd-csw IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J,SREENIVAS RAO CRIMINAL PETITION No.8823 of 2026 Date:16.06.2026 Between: Aitharju Prasad and two others ...Petitioners AND The State of Telangana and another ...Respondents ORDER This Criminal Petition has been filed by the petitioners/accused Nos. I to 3 seeking to quash the proceedings in C.C.No.860 of 2024 on the file of the leamed Special Judicial First Class Magistrate, Excise Judge, Nalgonda. 2. Heard Mr.K.Vishnu Kanth, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. I .

3. The specific allegation against the petitioners/accused Nos.1 to 3 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 10.05.2024, the petitioners were found in possession of 57 quintals of PDS rice. 4. Leamed counsel for the petitioners would submit that without there being any complaint lrom any beneficiary, alleging :t- 2 that the rice was procured deceptively or with a crintinal intent and charging the petitioners lor prosecution is untenable and improper. The allegations, even taken at their face value cannot be sustained against the pctitioners. Furlher, this Court, in Crl.P.No.5709 of 20 I 9. while considering the same situation, categorically observed that the olIences alleged against the petitioners thercin could not be continued and accordingly quashed the proceedings. The petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners. 5. The learned Additional Public Prosecutor submits that as per prosecution, the offences said to have been cornmitted by the petitioners is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders 6. Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities, is punishable. As per the prosecution, the pctitioners have procured PDS rice fiom the beneficiaries after supply fiom the dealer.

(loordinate Bench of this Coun in Crl.P.No.7227 of 20257. A has considered the identical facts and observed that : 3 "There is no qyermenl indicaling thqt the petitioner in any way deceplively induced the beneficiaries b pqrt with the .supplied PDS rice or the benef.ciary enlru.\led the PDS nce purchased by them u'ith the petitioner and they dishonestly misqppropriuted or converled to their own use or used it in violation of a lawful direction or contract. In the absence of essenlial factors, on the face of prosecution, this Court finds it to be afit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings agoinst the pelitioner is abuse of process of lctw " 8. 'l'he facts and circumstances of the present case also similar to those in the above case and hence, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of BNSS bv applying the same.analogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal Petition is allowed and rhe proceedings in C.C.No.860 of 2024 on the f,1le of the leamed Special Judicial First Class Magistrate, Excise Judge, Nalgonda, against the petitioners/acc used Nos. I to 3, are hereby quashed Pending miscellaneous applications, if any, shall stand closed SD/- M. NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// E ON OFFICER To,

1. The Judicial First Class Magistrate (Proh. & Excise), Nalgonda. P'S'' Nalgonda District' 2. The Station House Officer' Narketpally 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad. [OUT]' 4. One CC to Sri K Vishnu Kanth' Advocate [OPUC] 5. Two CD CoPies. VC/BA \q HIGH COURT DATED: 1610612026 oF l t( ORDER e CRLP.No.8823 ot 2026 v + qoII .& d. E: ctH t ALLOWED THE CRLP *Sa1 X*

[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 8823 OF 2026 Between: Ri./o 1. Aitharju Prasad, S/o Kashaiah, Aged about 37 years, Occ. Driver, Venkatasai Function Hall, Hanuman Nagar Road No.5, Nalgonda. Native of Koppole Village, Gunampode Mandal, Nalgonda District. 2. Soma Ramakrishna, S/o Narsimha, Aged about 44 yearc, Occ. Transport Business, Fl/o Rock Hills Colony, Hyderabad Road, Nalgonda ll Town, Nalgonda District. 3. Palleboina Gopi Chand, S/o Venkatanarayana, Aged about 28 years, Occ. Business, Rl/o Shaer Mohammad Peta Village, Jaggaiah Peta Mandal, Krishna District, Andhra Pradesh. ...Petitioners/Accused AND 1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad. 2. Sri B. Giribabu, Police Constable No. 3805, Narketpally Police Station, Nalgonda District. ...Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC.No. 860 of 2024 arising out of Crime No. 124 of 2024 of Narketpally Police Station, Nalgonda District, pending on the file of the Spl. JFCM Excise Judge, Nalgonda. l.A. NO: 2OF 2026

Petition under Section 52B of BNSS praying that in the circumstances stated in the [V'lemorandum of Grounds of Criminal Petition, the High Court may be pleased to stay all further proceedings in CC.No. 860 ot 2024 arising out of Crime No. 124 of 2024 o'f Narketpally Police Station, Natgonda District, pending on the file of the spl. JFCM Excise Judge Nalgonda, pending disposal of the above Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri K. Vishnu Kanth, Advocate for the Petitioners and the Additional public prosecutor on behalf of the Respondent No.1. The Gourt made the following Order:- sEr.sd-csw IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J,SREENIVAS RAO CRIMINAL PETITION No.8823 of 2026 Date:16.06.2026 Between: Aitharju Prasad and two others ...Petitioners AND The State of Telangana and another ...Respondents ORDER This Criminal Petition has been filed by the petitioners/accused Nos. I to 3 seeking to quash the proceedings in C.C.No.860 of 2024 on the file of the leamed Special Judicial First Class Magistrate, Excise Judge, Nalgonda. 2. Heard Mr.K.Vishnu Kanth, leamed counsel for the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. I .

3. The specific allegation against the petitioners/accused Nos.1 to 3 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 10.05.2024, the petitioners were found in possession of 57 quintals of PDS rice. 4. Leamed counsel for the petitioners would submit that without there being any complaint lrom any beneficiary, alleging :t- 2 that the rice was procured deceptively or with a crintinal intent and charging the petitioners lor prosecution is untenable and improper. The allegations, even taken at their face value cannot be sustained against the pctitioners. Furlher, this Court, in Crl.P.No.5709 of 20 I 9. while considering the same situation, categorically observed that the olIences alleged against the petitioners thercin could not be continued and accordingly quashed the proceedings. The petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners. 5. The learned Additional Public Prosecutor submits that as per prosecution, the offences said to have been cornmitted by the petitioners is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders 6. Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities, is punishable. As per the prosecution, the pctitioners have procured PDS rice fiom the beneficiaries after supply fiom the dealer.

(loordinate Bench of this Coun in Crl.P.No.7227 of 20257. A has considered the identical facts and observed that : 3 "There is no qyermenl indicaling thqt the petitioner in any way deceplively induced the beneficiaries b pqrt with the .supplied PDS rice or the benef.ciary enlru.\led the PDS nce purchased by them u'ith the petitioner and they dishonestly misqppropriuted or converled to their own use or used it in violation of a lawful direction or contract. In the absence of essenlial factors, on the face of prosecution, this Court finds it to be afit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings agoinst the pelitioner is abuse of process of lctw " 8. 'l'he facts and circumstances of the present case also similar to those in the above case and hence, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of BNSS bv applying the same.analogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal Petition is allowed and rhe proceedings in C.C.No.860 of 2024 on the f,1le of the leamed Special Judicial First Class Magistrate, Excise Judge, Nalgonda, against the petitioners/acc used Nos. I to 3, are hereby quashed Pending miscellaneous applications, if any, shall stand closed SD/- M. NAGAMANI ASSISTANT REGISTRAR //TRUE COPY// E ON OFFICER To,

1. The Judicial First Class Magistrate (Proh. & Excise), Nalgonda. P'S'' Nalgonda District' 2. The Station House Officer' Narketpally 3. Two CCs to the Public Prosecutor, High Court for the State of Telangana, Hyderabad. [OUT]' 4. One CC to Sri K Vishnu Kanth' Advocate [OPUC] 5. Two CD CoPies. VC/BA \q HIGH COURT DATED: 1610612026 oF l t( ORDER e CRLP.No.8823 ot 2026 v + qoII .& d. E: ctH t ALLOWED THE CRLP *Sa1 X*