[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 9316 OF 2026 Between: Santosh Kumar Agarwal, S/o Late M. Shankarlal Aged about. 70 Years, Occ -Business/Ag riculture, R/o H. No.- 3-6-146, Bhagyanagar, Adilabad ..PETITIONER/AGGUSED NO. 1 AND 1. The state of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad for the State of Telangana. 2. Vishnu Prakash, C/o Not Known, Age. Major Occ. Police Officer, R/o ll-Town Police Adilabad, Adilabad Town and District ,..RESPONDENT/COMPLAINANT 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 entire proceedings in c.c. No.647 of 2022 on the file of Honble ll-Addl iunior Civit judge Court-Cum-ll Addl Judicial Magistrate of First Class at Adilabad arising out of FtR t lo, t gzl2o22reg istered at PS ll-Town Adilabad for the alleged offencls under Sections 420 IPC and Section 7 of the Essential Commodities Act which is pending before the Honble ll-Addl Junior Civil Judge Court-Cum-ll Addl Judicial Magistrate of First Class at Adilabad against Petitioner/Accused. l.A. NO: 3 OF 2026

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 stay all further proceedings in c.c. No. 647 ol 2022 on the file of Hon'ble ll-Addl Junior Civil Judge Court-Cum-ll Addl Judicial Magistrate of First Class at Adilabad arising out of FaR No. 197 t2022 registered at PS ll-Town Adilabad for the alleged offenJes under Sections 42O IPC and Section 7 of the Essential Commodities Act which is pending before the Hon'ble ll-Addl Junior civil Judge court-cum-ll Addl appearance ofJudicial Magistrate of First Class at Adrlabad and including Petitioner/Accused before the Trial Court This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mayur Mundra, Advocate for the Petitioner, 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 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTTCE J.SREENIVAS RAO CRIMINAL PETITION No.9316 of 2026 Date: 23.06.2026. Between: Santosh Kumar Agarwal ...Petitioner/accused No. I AND The State ofTelangana Rep, by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad and another ...Respondents ORDER

This Criminal Petition has been fi1ed by the petitioner/accused No.l seeking to quash the proceedings in C.C.No.647 of 2022, on the file of leamed II Additional Junior Civil Judge Court-cum-ll Additional Judicial Magistrate of First Class at Adilabad. 2 Heard Mr.Mayur Mundra, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional public Prosecutor for respondent No. 1 . 2 J The specific atlegation against the petitioner/accused No.1 is that he has procured PDS rice from the benehciaries at cheaper rate to sell the same for profit and on 05.08.2022, the petitioner was found in possession of 125 quintals of PDS rice. for the petitioner would submit that without4. Learned counsel there being any complaint from any beneficiary, alleging that the andnce was procured deceptively or with a criminal intent charging the petitioner for prosecution is untenable and improper The atlegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Cr1.l'.No.5709 of 2019, rvhile considering the same situation, categorically observed that the offences alleged against the petitioners therein could not be 'l'he petitionercontinued and accordingly quashed the proceedings. is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

Public Prosecutor submits that as per5. The learned Additional prosecution, the oI'fences said to have been committed by the petitioner is cheating and violation of Section 7 of the Essential reqr-Lested to pass Commodities Act, 1955 (for short'EC Act') and appropriate orders.' 3 person6. Section 7 of the EC Act contemplate that any contravenes with the production, supply, distribution and trade of essential commodities, is punishable. As per the prosecution, the petitioner has procured PDS rice from the beneficiaries after supply from the dealer. this Court in Cr1.P.No.7227 of 20257. A Coordinate Bench of has considered the identical facts and observed that: "There is no averment indicating thQt the petitioner tn any way deceptively induced the beneficiaries to part with the supplied PDS rice or the benejicbry entrusted the PDS rice purchased by them wilh the petitioner and they dishonestly misuppropri(tted or converted to lheir own use or used it in violation of a lawftl direction or conlrqct. ln the absence of essential fuctors, on the face of prosecution, this Court finds it to be a rtt case to exercise lhe jurisdiction under Section 528 of BNSS, 2023. Thus, continuonce of proceeclings aguinst the petitiL,ner is abuse of process r.tf law ".

of the present case also similar8. The facts and circumstances to those in the above case and hence, this Court finds it to be a fit bycase to exercise jurisdiction under Section 528 of BNSS applying the same analogy and to quash the proceedings against the petitioner herein. Petition is allowed and the9. Accordingly, the Criminal proceedings in C.C.No.64'7 of 2022, on the file of leamed lI Additional Junior civil Judge court-cum-Il Addit;rnal Judiciai 4 Magistrate of First Class at Adilabad, against the petitioner/accused No. 1 , are hereby quashed. Pending miscellaneous applications, if any. shall stand closed. SD/.C. DEEPIKA ASSI NT REGISTRAR //TRUE COPY// E TION OFFICER To, t3 1. The Judicial First Class Magistrate at Adilabad 2. The Station House Officer, Adilabad-ll Town Police Station, Adilabad District 3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] 4. One CC to Sri Mayur Mundra, Advocate [OPUC] 5 Two CD Copies VH/GNK @, HIGH COURT DATED: 2310612026 ,, rA r€ ORDER a. 2026 C 1. l',,.J rl 1 JUL rl ) .!. CRLP.No.9316 of 2026 --,1 \ . '\.* . *! \--. ,,...r: ._, : '/ -t il \-.:--::-: ALLOWING THE CR!MINAL PETITION e /'1t *4"'-- t \

[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 9316 OF 2026 Between: Santosh Kumar Agarwal, S/o Late M. Shankarlal Aged about. 70 Years, Occ -Business/Ag riculture, R/o H. No.- 3-6-146, Bhagyanagar, Adilabad ..PETITIONER/AGGUSED NO. 1 AND 1. The state of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad for the State of Telangana. 2. Vishnu Prakash, C/o Not Known, Age. Major Occ. Police Officer, R/o ll-Town Police Adilabad, Adilabad Town and District ,..RESPONDENT/COMPLAINANT 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 entire proceedings in c.c. No.647 of 2022 on the file of Honble ll-Addl iunior Civit judge Court-Cum-ll Addl Judicial Magistrate of First Class at Adilabad arising out of FtR t lo, t gzl2o22reg istered at PS ll-Town Adilabad for the alleged offencls under Sections 420 IPC and Section 7 of the Essential Commodities Act which is pending before the Honble ll-Addl Junior Civil Judge Court-Cum-ll Addl Judicial Magistrate of First Class at Adilabad against Petitioner/Accused. l.A. NO: 3 OF 2026

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 stay all further proceedings in c.c. No. 647 ol 2022 on the file of Hon'ble ll-Addl Junior Civil Judge Court-Cum-ll Addl Judicial Magistrate of First Class at Adilabad arising out of FaR No. 197 t2022 registered at PS ll-Town Adilabad for the alleged offenJes under Sections 42O IPC and Section 7 of the Essential Commodities Act which is pending before the Hon'ble ll-Addl Junior civil Judge court-cum-ll Addl appearance ofJudicial Magistrate of First Class at Adrlabad and including Petitioner/Accused before the Trial Court This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Mayur Mundra, Advocate for the Petitioner, 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 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTTCE J.SREENIVAS RAO CRIMINAL PETITION No.9316 of 2026 Date: 23.06.2026. Between: Santosh Kumar Agarwal ...Petitioner/accused No. I AND The State ofTelangana Rep, by its Public Prosecutor, High Court for the State of Telangana, at Hyderabad and another ...Respondents ORDER

This Criminal Petition has been fi1ed by the petitioner/accused No.l seeking to quash the proceedings in C.C.No.647 of 2022, on the file of leamed II Additional Junior Civil Judge Court-cum-ll Additional Judicial Magistrate of First Class at Adilabad. 2 Heard Mr.Mayur Mundra, leamed counsel for the petitioner and Mr.Jithender Rao Veeramalla, leamed Additional public Prosecutor for respondent No. 1 . 2 J The specific atlegation against the petitioner/accused No.1 is that he has procured PDS rice from the benehciaries at cheaper rate to sell the same for profit and on 05.08.2022, the petitioner was found in possession of 125 quintals of PDS rice. for the petitioner would submit that without4. Learned counsel there being any complaint from any beneficiary, alleging that the andnce was procured deceptively or with a criminal intent charging the petitioner for prosecution is untenable and improper The atlegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Cr1.l'.No.5709 of 2019, rvhile considering the same situation, categorically observed that the offences alleged against the petitioners therein could not be 'l'he petitionercontinued and accordingly quashed the proceedings. is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

Public Prosecutor submits that as per5. The learned Additional prosecution, the oI'fences said to have been committed by the petitioner is cheating and violation of Section 7 of the Essential reqr-Lested to pass Commodities Act, 1955 (for short'EC Act') and appropriate orders.' 3 person6. Section 7 of the EC Act contemplate that any contravenes with the production, supply, distribution and trade of essential commodities, is punishable. As per the prosecution, the petitioner has procured PDS rice from the beneficiaries after supply from the dealer. this Court in Cr1.P.No.7227 of 20257. A Coordinate Bench of has considered the identical facts and observed that: "There is no averment indicating thQt the petitioner tn any way deceptively induced the beneficiaries to part with the supplied PDS rice or the benejicbry entrusted the PDS rice purchased by them wilh the petitioner and they dishonestly misuppropri(tted or converted to lheir own use or used it in violation of a lawftl direction or conlrqct. ln the absence of essential fuctors, on the face of prosecution, this Court finds it to be a rtt case to exercise lhe jurisdiction under Section 528 of BNSS, 2023. Thus, continuonce of proceeclings aguinst the petitiL,ner is abuse of process r.tf law ".

of the present case also similar8. The facts and circumstances to those in the above case and hence, this Court finds it to be a fit bycase to exercise jurisdiction under Section 528 of BNSS applying the same analogy and to quash the proceedings against the petitioner herein. Petition is allowed and the9. Accordingly, the Criminal proceedings in C.C.No.64'7 of 2022, on the file of leamed lI Additional Junior civil Judge court-cum-Il Addit;rnal Judiciai 4 Magistrate of First Class at Adilabad, against the petitioner/accused No. 1 , are hereby quashed. Pending miscellaneous applications, if any. shall stand closed. SD/.C. DEEPIKA ASSI NT REGISTRAR //TRUE COPY// E TION OFFICER To, t3 1. The Judicial First Class Magistrate at Adilabad 2. The Station House Officer, Adilabad-ll Town Police Station, Adilabad District 3. Two CCs to Public Prosecutor, High Court for the State of Telangana, at Hyderabad [OUT] 4. One CC to Sri Mayur Mundra, Advocate [OPUC] 5 Two CD Copies VH/GNK @, HIGH COURT DATED: 2310612026 ,, rA r€ ORDER a. 2026 C 1. l',,.J rl 1 JUL rl ) .!. CRLP.No.9316 of 2026 --,1 \ . '\.* . *! \--. ,,...r: ._, : '/ -t il \-.:--::-: ALLOWING THE CR!MINAL PETITION e /'1t *4"'-- t \