[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TVVENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 10723 OF 2026 Between: 1. Pondra Vinod Kumar S/o. Venkateshwarlu, Age. 36 yrs, Occ Driver, R/o. Rampur Village, Maripeda Mandal, Mahabubabad District. N/o. Kosuva Village, Mova Mandal, Krishna District, Andhra Pradesh State. 2. Palavayi Nagesh, S/o Veeraiah, Age. 38 years, Occ. Coolie, R/o. Ramapuram Village, Maripeda Mandal, Mahabubabad District. ...PETITIONERYACCUSED No. 1 & 2 AND The State of Telangana, rep.by its Public Prosecutor, High Court of Telangana at Hyderabad, Through The SHO Parvathagiri police station, Warangal 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 toto quash the proceedings in CC No. 4312 of 2022 on the flle the Court Of Addl. Judicial First Class Magistrate At Warangal, Warangal District, against the Petitioners/A.1 and 2. l.A. NO: 2OF 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 & 2 in CC No. 43'12 of 2022 on the file the Court Of Addl. Judicial First Class Magistrate At Warangal, Warangal District including diespence with the appreance of the petitioners till the disposal of the Main Quash Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Laxmaiah Kanchani, Advocate for the Petitioners, 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 TELAI{GAIIA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRJMINAL PETITION No.10723 of 202 Date: 10.07.2026 Between: Pondra Vinod Kumar and another ...Petitioners AND The State ofTelangana ...Respondent ORDER This Criminal Petition has been filed by the petitioners/accused Nos.l and 2, seeking to quash the proceedings in C.C.No.4312 of 2022, on the file of the learned III Additional Judicial First Class Magistrate, Warangal. the2. Heard Mr.Laxmaiah Kanchani, leamed counsel for petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.1.

petitionersi accused Nos.13. The specific allegation against the and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 10.07.2021, the petitioners were found in possession of 24 quintals of PDS rice 2 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 -forcharging the petitionbrs 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 ofSection 7 of the EC Act and requested to pass appropriate orders. 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 bencflciaries 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 dverment indicating that the petitioner in any way deceptively induced the beneJiciuries 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 tu their own use or used it in violation of a lawful direction or contract. ln the absence of essentidl fectors, on the face of prosecwtion, this Court finds it to be afit case to exercise the juristliction under Section 528 t{BNSS, 2023. Thus, continuance of proceedings against the petitioner is ebuse 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 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.4312 of 2022, on the file of the learned III Additional Judicial First Class Magistrate, Warangal, against the petitioners/accused Nos.1 and 2, are hereby quashed Pending miscellaneous applications, if any, shall stand closed. Sd/. A.V.S. PRASAD DE TY REGIS q fl.uErolY 4 TION OFFICER To, '1. The lll Additional Judiciat First Ctass Magistrate, Waranga 2. The Station House Officer, parvathagiri police Station, Warangal District

3. Two CCs to public prosecutor, High Court for the State of Telangana, at Hyderabad IOUT] 4. One CC to Sri Laxmaiah Kanchani, Advocate ,W 5. Two CD Copies [OpUC] HIGH COURT DATED: 1010712026 1trg STA7€ ORDER : i< 2026CRLP.No.10723 ol 2026 17 JUr 7i v _ s ::=:-; ---'J ALLOWING THE CRIMINAL PETITION /^ S,t nh rXlr

[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TVVENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 10723 OF 2026 Between: 1. Pondra Vinod Kumar S/o. Venkateshwarlu, Age. 36 yrs, Occ Driver, R/o. Rampur Village, Maripeda Mandal, Mahabubabad District. N/o. Kosuva Village, Mova Mandal, Krishna District, Andhra Pradesh State. 2. Palavayi Nagesh, S/o Veeraiah, Age. 38 years, Occ. Coolie, R/o. Ramapuram Village, Maripeda Mandal, Mahabubabad District. ...PETITIONERYACCUSED No. 1 & 2 AND The State of Telangana, rep.by its Public Prosecutor, High Court of Telangana at Hyderabad, Through The SHO Parvathagiri police station, Warangal 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 toto quash the proceedings in CC No. 4312 of 2022 on the flle the Court Of Addl. Judicial First Class Magistrate At Warangal, Warangal District, against the Petitioners/A.1 and 2. l.A. NO: 2OF 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 & 2 in CC No. 43'12 of 2022 on the file the Court Of Addl. Judicial First Class Magistrate At Warangal, Warangal District including diespence with the appreance of the petitioners till the disposal of the Main Quash Petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Laxmaiah Kanchani, Advocate for the Petitioners, 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 TELAI{GAIIA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRJMINAL PETITION No.10723 of 202 Date: 10.07.2026 Between: Pondra Vinod Kumar and another ...Petitioners AND The State ofTelangana ...Respondent ORDER This Criminal Petition has been filed by the petitioners/accused Nos.l and 2, seeking to quash the proceedings in C.C.No.4312 of 2022, on the file of the learned III Additional Judicial First Class Magistrate, Warangal. the2. Heard Mr.Laxmaiah Kanchani, leamed counsel for petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No.1.

petitionersi accused Nos.13. The specific allegation against the and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 10.07.2021, the petitioners were found in possession of 24 quintals of PDS rice 2 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 -forcharging the petitionbrs 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 ofSection 7 of the EC Act and requested to pass appropriate orders. 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 bencflciaries 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 dverment indicating that the petitioner in any way deceptively induced the beneJiciuries 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 tu their own use or used it in violation of a lawful direction or contract. ln the absence of essentidl fectors, on the face of prosecwtion, this Court finds it to be afit case to exercise the juristliction under Section 528 t{BNSS, 2023. Thus, continuance of proceedings against the petitioner is ebuse 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 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.4312 of 2022, on the file of the learned III Additional Judicial First Class Magistrate, Warangal, against the petitioners/accused Nos.1 and 2, are hereby quashed Pending miscellaneous applications, if any, shall stand closed. Sd/. A.V.S. PRASAD DE TY REGIS q fl.uErolY 4 TION OFFICER To, '1. The lll Additional Judiciat First Ctass Magistrate, Waranga 2. The Station House Officer, parvathagiri police Station, Warangal District

3. Two CCs to public prosecutor, High Court for the State of Telangana, at Hyderabad IOUT] 4. One CC to Sri Laxmaiah Kanchani, Advocate ,W 5. Two CD Copies [OpUC] HIGH COURT DATED: 1010712026 1trg STA7€ ORDER : i< 2026CRLP.No.10723 ol 2026 17 JUr 7i v _ s ::=:-; ---'J ALLOWING THE CRIMINAL PETITION /^ S,t nh rXlr