[ 3303 I 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 HON'BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO: 9444 OF 2026 Between: 1. Chowdaravapu Nageswara Rao, S/o Venkaiah, Age. 63 years, Occ.Business R/o Regulachelaka Village, Raghunadhapalem Mandal, Khammam District. 2. Chowdavarapu Nageswara Rao, S/o Naga Bushanam, Age.45 years, Occ. Driver cum owner of Lorry R/o Alurupadu Village, Vastavai Mandal, NTR District, A.P. R/o 3. Bandela Pavan Kumar @ Ashok, S/o Srinivas, Age. 35 years, Occ. Driver Regulachelaka Viltage, Raghunadhapalem Mandal, Khammam District. 4. Vastavai Narasimha Rao, S/o Pullaiah, Age.53 years, Occ. Business R/o Lingala Village, Vastavai Mandal, NTR District, A.P. ...Petitioners/Accused No.{ to 4 AND 1. The State of Telangana, Rep. by the Public Prosecutor High Court at Hyderabad. District. 2. M.Tejeswara Reddy, Sl of Potice, PS Raghunadhapalem, Khammam Respondents/Complai nants 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.45612026 on the file of the lll Addl. Judicial Magistrate of First Class at Khammam, Khammam District. l.A. NO: 2 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 instay alt further proceedings including appearance of the Petitioners CC.No.456t2O26 on the file of the lll Addl. Judicial Magistrate of First Class at Khammam, Khammam District during the pendency of Criminal Petition. This Petition coming on for hearing, upon perusing the lVemorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. P. Animi Reddy, Advocate for the Petitioners and tVlr. Jithender Rao Veeramalla, Additionat Pubtic theProsecutor on behalf of the Respondent No.1 and None Appeared for Respondent No.2. The Court made the following: ORDER IN THE HIGH COURT FOR E STATE OF'TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.9444 of 2026 Datez 23.06.2026 Between: Chowdaravapu Nageswara Rao and 3 others ...Petitioners AND The State of Telangana, and another .Respondents ORDER This Criminal Petition has been filed by the petitioners/accused Nos.7 to 4 seeking to quash the proceedings in C.C.No.456 of 2026, on the file of the learned III Additional Judicial Magistrate of First Class at Khammam District. 2. Heard Mr.P.Animi Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

3. The specific allegation against the petitioners/accused Nos.l to 4 is that they have procured pDS rice from the !- 2 beneficiaries at cheaper rate to sell the same for profit and on 12.12.2025, the petitioners were found in possession of 15.840 KGs of PDS rice. petitioners would submit that4. Learned counsel for the without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. The allegations, even taken at their face value cannot be sustained against the petitioners. Further, this Court, in Crl.P.No.5709 of 2019, while considering the same situation, categorically observed that the offences alleged against the petitioners therein 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. learned Additional Public Prosecutor submits that as5. The per prosecution, the offences said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act') and requested to pass appropriate orders. 3

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 petitioners have procured PDS rice from the beneficiaries after supply from the dealer. 7. A Coordinate Bench of this Court in Crl.p.No.7227 of 2025 has considered the identical facts and observed that: "There is no averment indicating that the petitioner in any way deceptively induced the beneficiaries to part with the supplied pDS rice or the beneficiury entrusted the PDS rice purchased by them with the petitictner and they dishonestly misappropriated or converted to their own use or used it in violutictn rf a lawful direction or contract. In the absence of essentialfactors, on theface of prosecution, this Courtfinds it to be a fit case to exercise the jurisdiction under section 5 28 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse {q of process of law". t 8. The 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 52g of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal Petition is allowed and the proceedings in c.c.No.456 of 2026, on the file of the learned III !- 4

Additional Judicial Magistrate of First Class at Khammam District, against the petitioners/accused Nos. I to 4, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. Sd/- B. REKHA RANI ASSISTANT REGI //TRUE COPY/ N OFFICER To, 1. The lll Additional Judicial Magistrate of First Class at Khammam, Khammam District. 2. The Station House Officer, PS Raghunadhapalem, Khammam District. I 3. One CC to Mr. P. Animi Reddy, Advocate [OPUC] t, 4. Two CCs to Public Prosecutor, High Court for the State of Telangana, at ti Hyderabad [OUT] 5. Two CD Copies KAM dJ! HIGH COURT DATED i 2310612026 ORDER 1 ttE STa16 CRLP.No.9444 of 2026 o 0 1 JUL 2020 r11z- Ll J- t"{: k n,-. 't,1 (.. ALLOWING THE CRIMINAL PETITION 4 0\

[ 3303 I 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 HON'BLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION NO: 9444 OF 2026 Between: 1. Chowdaravapu Nageswara Rao, S/o Venkaiah, Age. 63 years, Occ.Business R/o Regulachelaka Village, Raghunadhapalem Mandal, Khammam District. 2. Chowdavarapu Nageswara Rao, S/o Naga Bushanam, Age.45 years, Occ. Driver cum owner of Lorry R/o Alurupadu Village, Vastavai Mandal, NTR District, A.P. R/o 3. Bandela Pavan Kumar @ Ashok, S/o Srinivas, Age. 35 years, Occ. Driver Regulachelaka Viltage, Raghunadhapalem Mandal, Khammam District. 4. Vastavai Narasimha Rao, S/o Pullaiah, Age.53 years, Occ. Business R/o Lingala Village, Vastavai Mandal, NTR District, A.P. ...Petitioners/Accused No.{ to 4 AND 1. The State of Telangana, Rep. by the Public Prosecutor High Court at Hyderabad. District. 2. M.Tejeswara Reddy, Sl of Potice, PS Raghunadhapalem, Khammam Respondents/Complai nants 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.45612026 on the file of the lll Addl. Judicial Magistrate of First Class at Khammam, Khammam District. l.A. NO: 2 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 instay alt further proceedings including appearance of the Petitioners CC.No.456t2O26 on the file of the lll Addl. Judicial Magistrate of First Class at Khammam, Khammam District during the pendency of Criminal Petition. This Petition coming on for hearing, upon perusing the lVemorandum of Grounds of Criminal Petition and upon hearing the arguments of Mr. P. Animi Reddy, Advocate for the Petitioners and tVlr. Jithender Rao Veeramalla, Additionat Pubtic theProsecutor on behalf of the Respondent No.1 and None Appeared for Respondent No.2. The Court made the following: ORDER IN THE HIGH COURT FOR E STATE OF'TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.9444 of 2026 Datez 23.06.2026 Between: Chowdaravapu Nageswara Rao and 3 others ...Petitioners AND The State of Telangana, and another .Respondents ORDER This Criminal Petition has been filed by the petitioners/accused Nos.7 to 4 seeking to quash the proceedings in C.C.No.456 of 2026, on the file of the learned III Additional Judicial Magistrate of First Class at Khammam District. 2. Heard Mr.P.Animi Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.

3. The specific allegation against the petitioners/accused Nos.l to 4 is that they have procured pDS rice from the !- 2 beneficiaries at cheaper rate to sell the same for profit and on 12.12.2025, the petitioners were found in possession of 15.840 KGs of PDS rice. petitioners would submit that4. Learned counsel for the without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. The allegations, even taken at their face value cannot be sustained against the petitioners. Further, this Court, in Crl.P.No.5709 of 2019, while considering the same situation, categorically observed that the offences alleged against the petitioners therein 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. learned Additional Public Prosecutor submits that as5. The per prosecution, the offences said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act') and requested to pass appropriate orders. 3

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 petitioners have procured PDS rice from the beneficiaries after supply from the dealer. 7. A Coordinate Bench of this Court in Crl.p.No.7227 of 2025 has considered the identical facts and observed that: "There is no averment indicating that the petitioner in any way deceptively induced the beneficiaries to part with the supplied pDS rice or the beneficiury entrusted the PDS rice purchased by them with the petitictner and they dishonestly misappropriated or converted to their own use or used it in violutictn rf a lawful direction or contract. In the absence of essentialfactors, on theface of prosecution, this Courtfinds it to be a fit case to exercise the jurisdiction under section 5 28 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse {q of process of law". t 8. The 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 52g of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal Petition is allowed and the proceedings in c.c.No.456 of 2026, on the file of the learned III !- 4

Additional Judicial Magistrate of First Class at Khammam District, against the petitioners/accused Nos. I to 4, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. Sd/- B. REKHA RANI ASSISTANT REGI //TRUE COPY/ N OFFICER To, 1. The lll Additional Judicial Magistrate of First Class at Khammam, Khammam District. 2. The Station House Officer, PS Raghunadhapalem, Khammam District. I 3. One CC to Mr. P. Animi Reddy, Advocate [OPUC] t, 4. Two CCs to Public Prosecutor, High Court for the State of Telangana, at ti Hyderabad [OUT] 5. Two CD Copies KAM dJ! HIGH COURT DATED i 2310612026 ORDER 1 ttE STa16 CRLP.No.9444 of 2026 o 0 1 JUL 2020 r11z- Ll J- t"{: k n,-. 't,1 (.. ALLOWING THE CRIMINAL PETITION 4 0\