133031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 9685 OF 2026 BETWEEN: 1. Kodela Raju @ Singam Raju, S/o. Venkat Ramaiah, Age. 50 Years, Occ. Business, R/0. H.No.3-44, Damerakunta, Karimnagar District- 505503. 2. Challa Narayana, S/o. Rajaiah, Age. 52 Years, Occ. Business, R/o. H.No. 3-161 I 1, Erukalagudem. Manthini, Dharmaram, Karimnagar District-s0s1 84. (Presently residing at Gangaram Village, Manthani) 3. Govindhula Ramesh @ Govindula Ramesh, S/o. Swaminath, Age. 42 Years, Occ. Business, R/o. H.No.2-4lA45/2, Sripada Colony, Manthani, Karimnagar District-5051 84. ... Petitioners/Accused No. 1-3 AND 1. The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad through S.H.O., P.S Kataram, Jayashankar Bhupalpally District. ...Respondent 2. M. Naresh, S/o. Unknown, Age Major, Occ. Sl, R/o. PS Kataram, Jayashankar Bhupalpally District. ...RespondenUDe facto 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 call for the records relating to C.C. No.466 ol 2022 on the file of the I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First-Class Juvenile Court, Bhupalapally, against the Petitroners/Accused No.1-3 and quash the same. l.A. NO: 1OF 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 grant stay of all further proceedings in C.C. No.466 OF 2022 on the file of the I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First-Class Juvenile Court, Bhupalapally including appearance of the Petitioners/ Accused No. '1-3 till the disposal of the Criminal Petition in the interest of the justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Mahipal Reddy, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondents. The Court made the following: ORDER IN THE HIGH COURT FOR'fHE STATE OF TtrLANGANA AT HYDERABAD THE HONOURABLE SRJ JUSTICE J.SREENIVAS RAO C PETITION No.9685 of 2026 Date: 30.06.2026 Between: Kodela Raju @ Singam Raju and two others ...Petitioners AND The State of Telangana, and another ...Respondents ORDER This Criminal Petition has been filed by the petitionersiaccused Nos.l to 3 seeking to quash the proceedings in C.C.No.466 of 2022, on the file of the I Additional Junior Civii Judge-cum-I Additional Judicial Magistrate of First Class, Juvenile Court, Bhupalapally.

2. Heard Mr.P.Mahipal Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents. 3. The specific allegation against the petitioners/accused Nos.1 to 3 is that they have procured PDS rice from the beneficiaries at 2 cheaper rate to sell the same for proht and on 28.05.2020, the petitioners were found in possession of 13.5 quintals of PDS rice. 4. Learned counsel for the petitioners would submit that 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 5. The leamed Additional Public Prosecutor submits that as 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.

6. Section 7 of the EC Act contemplate that any person contravenes with the prCrduction, supply, distributiol and trade of 3 essential commodities, is punishable. As per the prosecution, the petitioners have procured PDS rice from the benehciaries afler 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 thdt 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 misappropriated or converted to their own use or used it in violation of a luwful direction or contract. In the absence of essential factors, on theface ofprosecution, this Courtfinds the jurisdiction under Section 528 of BNSS, it to be d fit case to exercise 2023. Thus, continuance of proceedings against the petitioner is abuse of process of law". 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 528 of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein.

the9. Accordingly, the Criminal Petition is allowed and proceedings in C.C.No.466 of 2022, on the file of the I Additional Junior Civil Judge-cum-I Additionai Judicial Magistrate of First Class, Juvenile Court, Bhupalapally, against the petitioners/accused Nos.1 to 3, are hereby quashed. 4 Pending miscellaneous applications, if any, shall stand closed. SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY/i 6 SECTION OFFICER To, 1. The I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First-Class Juvenile Court, Bhupalapally. 2. The Additional Judicial Magistrate of First Class At Manthani. 3. The Station House Officer, Kataram Police Station, Jayashankar Bhupalpally District. 4. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad tourl 5 One CC to Sri P. Mahipal Reddy, Advocate [OPUC] 6. Two CD Copies GNK 9 HIGH COURT DATED: 30/06/2025 ORDER 1rrE STAre: CRLP.No.9685 of 2026 tr g 2026 c; ,t 0 Jut o tr,' J' \ -=-::-i ALLOWING THE CRIMINAL PETITION }A

133031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 9685 OF 2026 BETWEEN: 1. Kodela Raju @ Singam Raju, S/o. Venkat Ramaiah, Age. 50 Years, Occ. Business, R/0. H.No.3-44, Damerakunta, Karimnagar District- 505503. 2. Challa Narayana, S/o. Rajaiah, Age. 52 Years, Occ. Business, R/o. H.No. 3-161 I 1, Erukalagudem. Manthini, Dharmaram, Karimnagar District-s0s1 84. (Presently residing at Gangaram Village, Manthani) 3. Govindhula Ramesh @ Govindula Ramesh, S/o. Swaminath, Age. 42 Years, Occ. Business, R/o. H.No.2-4lA45/2, Sripada Colony, Manthani, Karimnagar District-5051 84. ... Petitioners/Accused No. 1-3 AND 1. The State of Telangana, Rep. by Public Prosecutor, High Court at Hyderabad through S.H.O., P.S Kataram, Jayashankar Bhupalpally District. ...Respondent 2. M. Naresh, S/o. Unknown, Age Major, Occ. Sl, R/o. PS Kataram, Jayashankar Bhupalpally District. ...RespondenUDe facto 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 call for the records relating to C.C. No.466 ol 2022 on the file of the I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First-Class Juvenile Court, Bhupalapally, against the Petitroners/Accused No.1-3 and quash the same. l.A. NO: 1OF 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 grant stay of all further proceedings in C.C. No.466 OF 2022 on the file of the I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First-Class Juvenile Court, Bhupalapally including appearance of the Petitioners/ Accused No. '1-3 till the disposal of the Criminal Petition in the interest of the justice. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri P. Mahipal Reddy, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondents. The Court made the following: ORDER IN THE HIGH COURT FOR'fHE STATE OF TtrLANGANA AT HYDERABAD THE HONOURABLE SRJ JUSTICE J.SREENIVAS RAO C PETITION No.9685 of 2026 Date: 30.06.2026 Between: Kodela Raju @ Singam Raju and two others ...Petitioners AND The State of Telangana, and another ...Respondents ORDER This Criminal Petition has been filed by the petitionersiaccused Nos.l to 3 seeking to quash the proceedings in C.C.No.466 of 2022, on the file of the I Additional Junior Civii Judge-cum-I Additional Judicial Magistrate of First Class, Juvenile Court, Bhupalapally.

2. Heard Mr.P.Mahipal Reddy, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents. 3. The specific allegation against the petitioners/accused Nos.1 to 3 is that they have procured PDS rice from the beneficiaries at 2 cheaper rate to sell the same for proht and on 28.05.2020, the petitioners were found in possession of 13.5 quintals of PDS rice. 4. Learned counsel for the petitioners would submit that 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 5. The leamed Additional Public Prosecutor submits that as 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.

6. Section 7 of the EC Act contemplate that any person contravenes with the prCrduction, supply, distributiol and trade of 3 essential commodities, is punishable. As per the prosecution, the petitioners have procured PDS rice from the benehciaries afler 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 thdt 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 misappropriated or converted to their own use or used it in violation of a luwful direction or contract. In the absence of essential factors, on theface ofprosecution, this Courtfinds the jurisdiction under Section 528 of BNSS, it to be d fit case to exercise 2023. Thus, continuance of proceedings against the petitioner is abuse of process of law". 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 528 of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein.

the9. Accordingly, the Criminal Petition is allowed and proceedings in C.C.No.466 of 2022, on the file of the I Additional Junior Civil Judge-cum-I Additionai Judicial Magistrate of First Class, Juvenile Court, Bhupalapally, against the petitioners/accused Nos.1 to 3, are hereby quashed. 4 Pending miscellaneous applications, if any, shall stand closed. SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY/i 6 SECTION OFFICER To, 1. The I Additional Junior Civil Judge-cum-l Additional Judicial Magistrate of First-Class Juvenile Court, Bhupalapally. 2. The Additional Judicial Magistrate of First Class At Manthani. 3. The Station House Officer, Kataram Police Station, Jayashankar Bhupalpally District. 4. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad tourl 5 One CC to Sri P. Mahipal Reddy, Advocate [OPUC] 6. Two CD Copies GNK 9 HIGH COURT DATED: 30/06/2025 ORDER 1rrE STAre: CRLP.No.9685 of 2026 tr g 2026 c; ,t 0 Jut o tr,' J' \ -=-::-i ALLOWING THE CRIMINAL PETITION }A