[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT TI-IE HONOURABLE SRI JUSTIGE J SR.EENUAd RAO CRIMINAL PETITION NO: 10621 OF.2A26 Between: 1. Hussain Sab, S/o- Md. lsmail, Age.39 years, Occ.Vehicle Owner, Fl/o. H. No. 210, Khanderayapally Village, Nadepally Post, Sedam Taluk, Gulbarga District, Karnataka State. 2., Shrishail Cad Peddinti Srisailam, S/o. Ramulu, Age.30 years, Occ.Driver, Fl/o. H. ' No. 1-103, Khanderayapally Village, Nadepally Post, Sedam Taluk, Gulbarga District, Karnataka State. ...PETITIONER/ACCUSED No. 1 & 2 AND 1. The State of Telangana, Rep. by the Public Prosecutor, High Court, at Hyderabad for the State of Telangana. . 2. Nandini, W/o. Late Damodar, Age.46 years, Occ. DT(CS) Doulatabad, R/o. Sri Sidhi Nivas, Alwal, Bollaram, Secundrabad, 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 topleased to quash the proceedings in CC No. 306 of 2021 on the file of the Principal Judicial Magistrate First Class at Kodangal in so far as petitioners/ Accused No. 1 and 2 are concerned. 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 against the petitioners/ Accused No. 1 and 2 in E!E!!a1Fi?17 trirst Class at CC No.306 of 202'l on the file of the Principal Judicial Magistrate Kodangal for pending disposal of the main criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri G Basappa , Advocate for tlre Petitioner and Sri. Jithender Rao Veeramalla tFe Additional Public Prosecutor on behalf of the Respondent No. 1 and None appeared for the Respondent No. 2 The Court made the following: ORDER t -- TN TIIE HIGH COURT F'OR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.10621 of 2026 Date:09.07.2026 Between: Hussain Sab and another .Petitioners AND The State ofTelangana and another .Respondents ORDER This Criminal Petition has been flled by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.306 of 2021 on the file of the leamed Principal Judicial Magistrate First Class at Kodangal 2. Heard Mr.G.Basappa, 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 and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 23.07.2019, the petitioners were found in possession of 25 quintals of PDS rice. 4. Learned counsel for the petitioners would submit that without there being any complaint from any beneficiary, alleging .- 2 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. Furlher, this Court, in Cr1.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. submits that as per5. The learned Additional Public Prosecutor prosecution, the offences said to have been comrritted by the petitioners is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders 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 petitioners have procured PDS rice from the beneficiaries after supply from the dealer.

20257. A Coordinate Bench of this Court in Crl.P.No.7227 of has considered the identical facts and observed that: - a "There is no ayerment indicating that 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 conyerted to their own use or used it in vfulation ofa lawful direction or contract. In the absence of essential factrtrs, on the face ofprosecution, this Court finds it to be ofit case to exercise the jurisdiction under Section 528 ofBNSS, 2023. Thus, continuance ofproceedings against the petitioner is abuse ofprocess 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 applyrng the same anaiogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.306 of 2021 on the file of the leamed Principal Judicial Magistrate First Class at Kodangal, against the petitioners/accused Nos.l and2, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/. P.C.SULEKHA DEVI ASSISTANT6REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The State of Telangana, Rep. by the Public Prosecutor, High Cou(, at Hyderabad for the State of Telangana.

2. Nandini, Wo. Late Damodar, Age.46 years, Occ. DT(CS) Doulatabad' R/o Sri Sidhi Nivas, Alwal, Bollaram, Secundrabad, Telangana State' 3. One CC to SRl. G BASAPPA Advocate IOPUC] 4. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies EPR/GNK -#y I I HIGH COURT DATED: 0910712026 )a 'a g :iA l-q o _/ "- ,l ,c' x 5 Jut2$28 t-. ORDER CRLP.No.10621 of 2026 ALLOWING THE CRIMINAL PETITION pf lsl+l'-6

[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE NINTH DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT TI-IE HONOURABLE SRI JUSTIGE J SR.EENUAd RAO CRIMINAL PETITION NO: 10621 OF.2A26 Between: 1. Hussain Sab, S/o- Md. lsmail, Age.39 years, Occ.Vehicle Owner, Fl/o. H. No. 210, Khanderayapally Village, Nadepally Post, Sedam Taluk, Gulbarga District, Karnataka State. 2., Shrishail Cad Peddinti Srisailam, S/o. Ramulu, Age.30 years, Occ.Driver, Fl/o. H. ' No. 1-103, Khanderayapally Village, Nadepally Post, Sedam Taluk, Gulbarga District, Karnataka State. ...PETITIONER/ACCUSED No. 1 & 2 AND 1. The State of Telangana, Rep. by the Public Prosecutor, High Court, at Hyderabad for the State of Telangana. . 2. Nandini, W/o. Late Damodar, Age.46 years, Occ. DT(CS) Doulatabad, R/o. Sri Sidhi Nivas, Alwal, Bollaram, Secundrabad, 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 topleased to quash the proceedings in CC No. 306 of 2021 on the file of the Principal Judicial Magistrate First Class at Kodangal in so far as petitioners/ Accused No. 1 and 2 are concerned. 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 against the petitioners/ Accused No. 1 and 2 in E!E!!a1Fi?17 trirst Class at CC No.306 of 202'l on the file of the Principal Judicial Magistrate Kodangal for pending disposal of the main criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of sri G Basappa , Advocate for tlre Petitioner and Sri. Jithender Rao Veeramalla tFe Additional Public Prosecutor on behalf of the Respondent No. 1 and None appeared for the Respondent No. 2 The Court made the following: ORDER t -- TN TIIE HIGH COURT F'OR THE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.10621 of 2026 Date:09.07.2026 Between: Hussain Sab and another .Petitioners AND The State ofTelangana and another .Respondents ORDER This Criminal Petition has been flled by the petitioners/accused Nos.1 and 2 seeking to quash the proceedings in C.C.No.306 of 2021 on the file of the leamed Principal Judicial Magistrate First Class at Kodangal 2. Heard Mr.G.Basappa, 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 and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 23.07.2019, the petitioners were found in possession of 25 quintals of PDS rice. 4. Learned counsel for the petitioners would submit that without there being any complaint from any beneficiary, alleging .- 2 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. Furlher, this Court, in Cr1.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. submits that as per5. The learned Additional Public Prosecutor prosecution, the offences said to have been comrritted by the petitioners is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders 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 petitioners have procured PDS rice from the beneficiaries after supply from the dealer.

20257. A Coordinate Bench of this Court in Crl.P.No.7227 of has considered the identical facts and observed that: - a "There is no ayerment indicating that 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 conyerted to their own use or used it in vfulation ofa lawful direction or contract. In the absence of essential factrtrs, on the face ofprosecution, this Court finds it to be ofit case to exercise the jurisdiction under Section 528 ofBNSS, 2023. Thus, continuance ofproceedings against the petitioner is abuse ofprocess 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 applyrng the same anaiogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.306 of 2021 on the file of the leamed Principal Judicial Magistrate First Class at Kodangal, against the petitioners/accused Nos.l and2, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD/. P.C.SULEKHA DEVI ASSISTANT6REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The State of Telangana, Rep. by the Public Prosecutor, High Cou(, at Hyderabad for the State of Telangana.

2. Nandini, Wo. Late Damodar, Age.46 years, Occ. DT(CS) Doulatabad' R/o Sri Sidhi Nivas, Alwal, Bollaram, Secundrabad, Telangana State' 3. One CC to SRl. G BASAPPA Advocate IOPUC] 4. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies EPR/GNK -#y I I HIGH COURT DATED: 0910712026 )a 'a g :iA l-q o _/ "- ,l ,c' x 5 Jut2$28 t-. ORDER CRLP.No.10621 of 2026 ALLOWING THE CRIMINAL PETITION pf lsl+l'-6