t 3303l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HON'BLE SRI JUSTICE J.SREENIVAS RAO CRIMINA L PETITION NO: 11505 0F 2026 Between: 1 Nasiroddin, S/o. Bale Sab, Age: 62 years, Occ: Driver, R/o. H.No.2_73, Momin Kalan Viilage, Dharur Mandai Vikaribad District. 2 Katta Manikya Prabhu, S/o. penlaiah, Age: 5.1 years, Occ: Agriculture, R/o. H. No. 'l-72, Momin Kalan Village, Dharur nlandat, Vrkaralad District ...Petitioners/Accused No.1 & 2 AND 1 The State of Telangana, High Court, at f"p Oy the public prosecutor, Hyderabad for the State of Telangaha. 2 G. Vrjayendar, S/o yellaiah, Age. 36 years, Occ: DT(CS) Dharur. R/c H No.4-36/1 , Dirisampally Village, boma fvianaat, Vikarabad District. ... Respondents Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petitio;, the High court may u" pr""."J t" guq3f lne proceedings in cc.No.613 0f 2022 0n the firJof the Hon,tre r'aooit,onar Judicial Magistrate First crass at Vikarabad in so far as petitioners Accused No. 1 and 2. l.A. NO: 2 OF 202b

Petition under section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petiiio;, the High court may ne pteaseo to ,=ni.stfvof all furtherproceedingsagainstthepetitioneis/AccusejNo..i and2 rrcc No.613 ol 2022 on the fire oi tre Hon'ote r Additionar Judicra i,r;g,;,. ..- : ,Class at Vikarabad for pending disposal of the main criminal petition. This Pe^tition coming on for hearing, upon perusing the Memorandum ofGrounds^ of criminar petition and upon heiring the'arguments of Mr. G. Basappa, Advocate for the Petitioners and Mr. Jithende"r Rao V-eeramalta, nooitionai puotic Prosecutor on beharf of the Respondent No.1 and None Appeared for theRespondent No.2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TEI,ANGANA A'T HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.ll505 of 2021i Date:21.07.2026 Between: Nasiroddin and another .. Petitioners ANI) The State ofTelangana and another Respondents ORDER This Criminal Petition has bccn frled seeking to quash the proceedings in C.C.No.613 of 2022 on the flle of the learned I Additional Judicial Magistrate of First Class at Vikarabad. 2. Heard Mr.G.Basappa, leamed counsel lor the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. I

I3. The specific allegation againsL the pctitionersi'e ccused Nos, and 2 is that they have procured PDS rice from the b,:neficiaries at cheaper rate to sell the same for profit and on 21.06.2022, the petitioners were found in possession of 6.70 quintals of PDS rice 4. Learned counsel for the petitioners would submit that without there being any complaint {iorr any bcneficiary, alleging that the nce was procured deceptivell, or with a crimi,ral intent and 2 charging the petitioners for prosecution is untenable and improper The allegations, even taken at their face value cannot be sustained against the petitioners. Fufther, this Court, in Crl.P.No.5709 of 2019, while considering the samc 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 as per5. The learned Additional Public Prosecutor submits that prosecution, the otI'ences said to have been committed 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 procurcd PDS rice fiom the beneficiaries after supply from the dealer

20257. A Coordinate Bench of this Court in Crl.P.No.1227 of has considered the identical facts and observed that: "There i.s no dvermenl indicatng lhal lhe pelilioner in any tt'ay tleceptivelv inducecl the hencficicrria,; to p(irt v'ith the supplied PDS rice 3 or the beneficiqry- entruste(l the PDS rice purchttsed by thenr with the petitioner ond they dishonestly nisapproprioled or conyerte,l to their own use or used it in violation of a lowful direclion or contra:t. ln the absence of essential factors. on thelace ofprosecution, this C)LN rtnds case to exercise the jttri.sdiction under Seclion 518 o.f BN,SS, it to be a ft 2023. Thus, continuance o;f proceedings qgainst the petitiane; i:; abtr.se of process o;f law" 8. The facts and circumstances of the present case also similar to those in the above casc and hcrrcc, this Cour-t find-s it to be a fit case to exercise jLrrisdiction under Section 528 c,1- BNSS by applying the same analogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal petition is allou ed and the proceedings in C.C.No.6l3 of 2022 on the file of the leamed I Additional Judicial Magistrate of Firsr Class at Vikarlbad, against the petitioners/acc u sed Nos. I and 2, are hereby quashed, Pending miscellaneous applications. if any. shall stand closed. SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// J SECTION OFFICER To,

1. The I Additional Judicial Magistrate First Class at Vikarabad 2 The Station House Officer, Dharur Police Station, Vikarabad District. 3 One CC to Mr. G. Basappa, Advocate [OPUC] 4. Two CCs to Public Prosecutor High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies KAIM/KA HIGH COURT DATED: 2110712026 1 f Lzj'iL .$ a.!tORDER ltJ o CRLP.No.11505 of 2026, 0ao .t HgIH t ALLOWING THE CRLP 4 T

t 3303l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY SIX PRESENT THE HON'BLE SRI JUSTICE J.SREENIVAS RAO CRIMINA L PETITION NO: 11505 0F 2026 Between: 1 Nasiroddin, S/o. Bale Sab, Age: 62 years, Occ: Driver, R/o. H.No.2_73, Momin Kalan Viilage, Dharur Mandai Vikaribad District. 2 Katta Manikya Prabhu, S/o. penlaiah, Age: 5.1 years, Occ: Agriculture, R/o. H. No. 'l-72, Momin Kalan Village, Dharur nlandat, Vrkaralad District ...Petitioners/Accused No.1 & 2 AND 1 The State of Telangana, High Court, at f"p Oy the public prosecutor, Hyderabad for the State of Telangaha. 2 G. Vrjayendar, S/o yellaiah, Age. 36 years, Occ: DT(CS) Dharur. R/c H No.4-36/1 , Dirisampally Village, boma fvianaat, Vikarabad District. ... Respondents Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminar petitio;, the High court may u" pr""."J t" guq3f lne proceedings in cc.No.613 0f 2022 0n the firJof the Hon,tre r'aooit,onar Judicial Magistrate First crass at Vikarabad in so far as petitioners Accused No. 1 and 2. l.A. NO: 2 OF 202b

Petition under section 4g2 of cr.p.c praying that in the circumstances stated in the Memorandum of Grounds of criminar petiiio;, the High court may ne pteaseo to ,=ni.stfvof all furtherproceedingsagainstthepetitioneis/AccusejNo..i and2 rrcc No.613 ol 2022 on the fire oi tre Hon'ote r Additionar Judicra i,r;g,;,. ..- : ,Class at Vikarabad for pending disposal of the main criminal petition. This Pe^tition coming on for hearing, upon perusing the Memorandum ofGrounds^ of criminar petition and upon heiring the'arguments of Mr. G. Basappa, Advocate for the Petitioners and Mr. Jithende"r Rao V-eeramalta, nooitionai puotic Prosecutor on beharf of the Respondent No.1 and None Appeared for theRespondent No.2. The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TEI,ANGANA A'T HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.ll505 of 2021i Date:21.07.2026 Between: Nasiroddin and another .. Petitioners ANI) The State ofTelangana and another Respondents ORDER This Criminal Petition has bccn frled seeking to quash the proceedings in C.C.No.613 of 2022 on the flle of the learned I Additional Judicial Magistrate of First Class at Vikarabad. 2. Heard Mr.G.Basappa, leamed counsel lor the petitioners and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. I

I3. The specific allegation againsL the pctitionersi'e ccused Nos, and 2 is that they have procured PDS rice from the b,:neficiaries at cheaper rate to sell the same for profit and on 21.06.2022, the petitioners were found in possession of 6.70 quintals of PDS rice 4. Learned counsel for the petitioners would submit that without there being any complaint {iorr any bcneficiary, alleging that the nce was procured deceptivell, or with a crimi,ral intent and 2 charging the petitioners for prosecution is untenable and improper The allegations, even taken at their face value cannot be sustained against the petitioners. Fufther, this Court, in Crl.P.No.5709 of 2019, while considering the samc 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 as per5. The learned Additional Public Prosecutor submits that prosecution, the otI'ences said to have been committed 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 procurcd PDS rice fiom the beneficiaries after supply from the dealer

20257. A Coordinate Bench of this Court in Crl.P.No.1227 of has considered the identical facts and observed that: "There i.s no dvermenl indicatng lhal lhe pelilioner in any tt'ay tleceptivelv inducecl the hencficicrria,; to p(irt v'ith the supplied PDS rice 3 or the beneficiqry- entruste(l the PDS rice purchttsed by thenr with the petitioner ond they dishonestly nisapproprioled or conyerte,l to their own use or used it in violation of a lowful direclion or contra:t. ln the absence of essential factors. on thelace ofprosecution, this C)LN rtnds case to exercise the jttri.sdiction under Seclion 518 o.f BN,SS, it to be a ft 2023. Thus, continuance o;f proceedings qgainst the petitiane; i:; abtr.se of process o;f law" 8. The facts and circumstances of the present case also similar to those in the above casc and hcrrcc, this Cour-t find-s it to be a fit case to exercise jLrrisdiction under Section 528 c,1- BNSS by applying the same analogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal petition is allou ed and the proceedings in C.C.No.6l3 of 2022 on the file of the leamed I Additional Judicial Magistrate of Firsr Class at Vikarlbad, against the petitioners/acc u sed Nos. I and 2, are hereby quashed, Pending miscellaneous applications. if any. shall stand closed. SD/. K.BHAVANI SWAMY ASSISTANT REGISTRAR //TRUE COPY// J SECTION OFFICER To,

1. The I Additional Judicial Magistrate First Class at Vikarabad 2 The Station House Officer, Dharur Police Station, Vikarabad District. 3 One CC to Mr. G. Basappa, Advocate [OPUC] 4. Two CCs to Public Prosecutor High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies KAIM/KA HIGH COURT DATED: 2110712026 1 f Lzj'iL .$ a.!tORDER ltJ o CRLP.No.11505 of 2026, 0ao .t HgIH t ALLOWING THE CRLP 4 T