[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITIO N NO: 8835 OF 2026 Between: Chukkagari Badrappa,, S/o. Veerappa, Age.44 years, Occ Farmer, R/o H No'3-8/1, Angadi Raichur Village, Kodangal Mandal, Vikarabad District, Telangana State-509336 ...PETITIONERYACCUSEO AND 1. The State of Telangana,, Rep. by the Public Prosecutor, High Court' at Hyderabad for the State of Telangana. 2. L. Ganapath Rao,, S/o. Suryakanth, Age.39 years, Occ. DT(CS), R/o' Vikarabad Town and District, Telangana State ...RESPONDENT/COMPLAINANTS 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 of the Honourable Principal Judicialthe proceedings in cc No. 336 ol 2022 on the file Magistrate Firit Class at Kodangal in so far as Petitioner/Accused l.A. NO: 2 OF 2 26

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 grant stay of all further proceedings against the Petitioner/Accused in CC No. 336 ol 2022 on the file of the Honourable Piincipal Judiciat Magistrate First Class at Kodangal pending disposal of the main criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of cnminal Petition and upon hearing the arguments of Sri G Bassapa , Advocate for the Petitioner and Sri. Jithender Rao Veeramalla Additional Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2 The Court made the following: ORDER .L ".!:iiEtt{7 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8835 of 2026 Date:16.06.2026 Between: Chukkagari Badrappa ..Petitioner AND The State ofTelangana and another ...Respondents ORDER This Criminal Petition has been frled by the petitioner/accused seeking to quash the proceedings in C.C.No.336 of 2022 on the file of the learned Principal Judicial Magistrate First Class, Kodangal petitioner and 2. Heard Mr.G.Basappa, leamed counsel for the Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1

the petitioner/accused is that 3. The specific allegation against he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 07 .05.2022, the petitioner was found in possession of 3.20 quintals of PDS rice. 2 - 4. Learned counsel - for the petitioner would submit that without there being any complaint from any beneficiary, alleging thar the rice was procured deceptively or with a criminal intent and charging the petitioner fbr prosecution is untenable and improper. The allegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Crl.P.No.5709 of 201 9, w'hile considering the same situation, categorically observed that the off-ences alleged against the petitioners therein could not be continucd and accordingly quashed the proceedings. The petitioner is also entitled to the sarne relief and hence prayed to quash the proceedings against the petitioner. 5. The learned Additional Public Prosecutor subrnits that as per prosecution, the oflences said to have been committed by the petitioner is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders. 6, Section 7 o1' the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of esscntial commodities. is punishable. As per the ptosecution, the petitioner has procured PDS nce from the beneficiaries after supply fiom the Cealer J

Crl.P.No.7227 of 7. A Coordinate Bench of this Court in 2025has considered the identical facts and observed that: "There is no averment indicating thal the petitioner in any way deceptively induced the benefciaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly miseppropiated or converted to their own use or used it in violqtion of a luwful direction or contract. In the absence of essenlial factors, on the face of prosecution, this Court finds it to be a rtt case to exercise the jurisdiction untler Section 528 of BNSS, 2023. Thus, continuqnce of proceedings against the petitioner is abuse of process of law". circumstances of the present case also similar 8. The facts and 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 by applying the same analogy and to quash the proceedings against the petitioner herein Petition is allowed and the 9. Accordingly, the Criminal learned proceedings in C.C.No.336 of 2022 on the flle of the Principal Judicial Magistrate First Class, Kodangal, against the petitioner/accused, are hereby quashed. stand Pending miscellaneous applications, if any, shall closed. Sd/- A SREENIVASA REDDY, ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1 The Judicial First Class Magistrate At Kodangal, Vikartabad District' 2 The Station House Officer, Police Station, Doulthabad' Vikarabad District 3. One CC to Sri. G. Basappa, Advocate [OPUC] 4. Two CCs 10 Public Prosecutor High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies EPRtn)b' HIGH COURT DATED: 1610612026 -\ HL STA o$ z O 1 I JUN 2026 t * * O1- ORDER CRLP.No.8835 of 2026 CRIMINAL PETITION IS ALLOWED /) Q,t1 lrt Lti ti

[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAO TUESDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITIO N NO: 8835 OF 2026 Between: Chukkagari Badrappa,, S/o. Veerappa, Age.44 years, Occ Farmer, R/o H No'3-8/1, Angadi Raichur Village, Kodangal Mandal, Vikarabad District, Telangana State-509336 ...PETITIONERYACCUSEO AND 1. The State of Telangana,, Rep. by the Public Prosecutor, High Court' at Hyderabad for the State of Telangana. 2. L. Ganapath Rao,, S/o. Suryakanth, Age.39 years, Occ. DT(CS), R/o' Vikarabad Town and District, Telangana State ...RESPONDENT/COMPLAINANTS 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 of the Honourable Principal Judicialthe proceedings in cc No. 336 ol 2022 on the file Magistrate Firit Class at Kodangal in so far as Petitioner/Accused l.A. NO: 2 OF 2 26

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 grant stay of all further proceedings against the Petitioner/Accused in CC No. 336 ol 2022 on the file of the Honourable Piincipal Judiciat Magistrate First Class at Kodangal pending disposal of the main criminal Petition This Petition coming on for hearing, upon perusing the Memorandum of Grounds of cnminal Petition and upon hearing the arguments of Sri G Bassapa , Advocate for the Petitioner and Sri. Jithender Rao Veeramalla Additional Public Prosecutor on behalf of the Respondent No.1 and None appeared for the Respondent No. 2 The Court made the following: ORDER .L ".!:iiEtt{7 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8835 of 2026 Date:16.06.2026 Between: Chukkagari Badrappa ..Petitioner AND The State ofTelangana and another ...Respondents ORDER This Criminal Petition has been frled by the petitioner/accused seeking to quash the proceedings in C.C.No.336 of 2022 on the file of the learned Principal Judicial Magistrate First Class, Kodangal petitioner and 2. Heard Mr.G.Basappa, leamed counsel for the Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No. 1

the petitioner/accused is that 3. The specific allegation against he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 07 .05.2022, the petitioner was found in possession of 3.20 quintals of PDS rice. 2 - 4. Learned counsel - for the petitioner would submit that without there being any complaint from any beneficiary, alleging thar the rice was procured deceptively or with a criminal intent and charging the petitioner fbr prosecution is untenable and improper. The allegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Crl.P.No.5709 of 201 9, w'hile considering the same situation, categorically observed that the off-ences alleged against the petitioners therein could not be continucd and accordingly quashed the proceedings. The petitioner is also entitled to the sarne relief and hence prayed to quash the proceedings against the petitioner. 5. The learned Additional Public Prosecutor subrnits that as per prosecution, the oflences said to have been committed by the petitioner is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders. 6, Section 7 o1' the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of esscntial commodities. is punishable. As per the ptosecution, the petitioner has procured PDS nce from the beneficiaries after supply fiom the Cealer J

Crl.P.No.7227 of 7. A Coordinate Bench of this Court in 2025has considered the identical facts and observed that: "There is no averment indicating thal the petitioner in any way deceptively induced the benefciaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly miseppropiated or converted to their own use or used it in violqtion of a luwful direction or contract. In the absence of essenlial factors, on the face of prosecution, this Court finds it to be a rtt case to exercise the jurisdiction untler Section 528 of BNSS, 2023. Thus, continuqnce of proceedings against the petitioner is abuse of process of law". circumstances of the present case also similar 8. The facts and 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 by applying the same analogy and to quash the proceedings against the petitioner herein Petition is allowed and the 9. Accordingly, the Criminal learned proceedings in C.C.No.336 of 2022 on the flle of the Principal Judicial Magistrate First Class, Kodangal, against the petitioner/accused, are hereby quashed. stand Pending miscellaneous applications, if any, shall closed. Sd/- A SREENIVASA REDDY, ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To,

1 The Judicial First Class Magistrate At Kodangal, Vikartabad District' 2 The Station House Officer, Police Station, Doulthabad' Vikarabad District 3. One CC to Sri. G. Basappa, Advocate [OPUC] 4. Two CCs 10 Public Prosecutor High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies EPRtn)b' HIGH COURT DATED: 1610612026 -\ HL STA o$ z O 1 I JUN 2026 t * * O1- ORDER CRLP.No.8835 of 2026 CRIMINAL PETITION IS ALLOWED /) Q,t1 lrt Lti ti