[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE.SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 12833 OF 2026 Between: Shaik Bablu, S/o. Azmath, Aged 39 years, Occ. Labour, Rl/o. H.No. 9-17-725' Mujahidnagar, Nizamabad Town and District. Pincode. 503001. ... PETITIO N E R/ACCU SE D AND 1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad. 2. Sri. M. Dathadri, S/o. Hanmandlu, Occ. Deputy Tahasildar (CS) Nizamabad, Nizamabad District. Pin.503001. ...RESPONDENTSCOMPLAINANTS 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 impugned proceedings in c.c.No.77 of 2023, on the file of the I Additional Judicial Magistrate of First class at Nizamabad, against the Petitioner/Accused. 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 grant interim stay of all further proceedings in proceedings in c.c. No.77 of 2023, on the file of the I Additional Judicial Magistrate of First Class at Nizamabad, including appearance and attendance of the Petitioner/ Accused, pending disposal of the above Criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri GAJE RAGHU, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public 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 THE STATE OF TI'LANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIV'AS RAO CRIMINAI- PETI'I'lON No.12833 of 20.26 Date: 07.08.2026. Between: Shaik Bablu P:titioner AND The State ofTelangana. and another Respondcnts ORDEIi. This Criminal Petition has been fllerl br the petitioneri accused seeking to quash the proceedings in C.C'.No.77 of 2023. on the file of lc-arned I Additional Judicial \lagisrrate of First Class at Nizamabad 2. []eard \,lr.G.Raghu. learned counsel tbr the peritioner and Mr.J ithender Rao Veerarnalla. learned Additional I)ublic Prosecutor lbr respondent No. I 3. 1'he specilic allegation against the petitioner/acc:rsed is that he has procured PDS rice ftom the bcneflciaries ar chelper rate to sell the same for profit and on 02.08.2022, the petitioncr rvas tbund -II 2 10.30in possession of 26 plastic bags of PDS rice totatling quintals

that without4. Learned counsel for the petitioner would submit there being any complaint from any beneficiary, alleging that the nce was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper The allegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Crl.P.No.5709 of 2019, white considering the same situation, categorically observed that the offences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceed ings against the petitioner. Additional Public Prosecutor submits that as per5. The learned prosecution, the off'ences said to have been committed by the Essentialpetitioner is violation of Section 17 (e) ol the passCommodities Act, 1955 (for short'EC Act') and requested to appropriate orders. any person6. Section 7 of the EC Act contemplate that contravenes with the production, supply, distribution and trade of E'4:trEiP 3 essential commodities. IS punishable. As per the prosecution, the petitioner has procured PDS ricc 1l'om the beneficiaries after supply from the dealer

7. A Coordinate Bench of this Court in Crl.P.No 1227 of 2025 has considered the identical t-acts and observed that 'Thcre i: n() a\'!rnlent indic'cttittg thut tha petitiotl(r in unt v.ut, deceptively induced the beneficiaries ta port with the .suppliet' I'DS rice or lhe beneficn4, enlru\ted the PDS rice purchosacl ht. thett v'ith tha l)etiltoner cnl thar tlirhonestl.t tti:ttlyroltriutttl or .ott\cnt.l lo tltL,ir ()u:n u\e or uted it in yiolcttton ol u lutlLtl direclion or conlrt,ct. ltt the trhletre of e.s;cttticrl /irctor.t, on th, /rt,i ttl llro\rL.utit)n. thi\ ( t)td lnd,\ it to hc a.fit cute ta crcrLise the f uri.sd rion untler Section.i?i o/8,\55. 2023 Thtts. continuon.e o_[ proceecltngs against the petitione. is abuse of pntcess of low". 8. The lacts and circumstances ol the present casc also similar to those in the abovc case and hence. this Cour-t flnds it to be a fit case to exercrse jurisdiction under Section 528 c f BNSS by applying the same analogv and to quash the proceerlings against the petitioner herein 9. Accordingly, the Criminal Petition is allowed and the proceedinss in C.C.No.77 ol 2023. on the file cf leamed I Additional Judicial Magistrate of Iiirst Class at Nizarnabad, against the petitioner/acc used, are hereb) quashed .- 4 Pending miscellaneous applications, if any, shall stand closed. SD/. B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The I Additional Judicial Magistrate of First Class at Nizamabad

2. The Station House Officer, Police Station, Town-l, Nizamabad 3. Two CCs to Public Prosecutor, High Court forthe State of Telangana at Hyderabad (OUT) 4. One CC to SRl. GAJE RAGHU Advocate [OPUC] 5. Two CD Copies TPI</GNK 4+ HIGH COURT DATED: 0710812026 TATE oA ORDER G. 9 CRLP.No.12833 of 2026 _)c ?st c t\UB .},, o ? [ 'J \..-\\/,i. \_" C, riI(.'r CRIMINAL PETITION IS ALLOWED I@* rolelx

[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD FRIDAY, THE SEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE.SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 12833 OF 2026 Between: Shaik Bablu, S/o. Azmath, Aged 39 years, Occ. Labour, Rl/o. H.No. 9-17-725' Mujahidnagar, Nizamabad Town and District. Pincode. 503001. ... PETITIO N E R/ACCU SE D AND 1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad. 2. Sri. M. Dathadri, S/o. Hanmandlu, Occ. Deputy Tahasildar (CS) Nizamabad, Nizamabad District. Pin.503001. ...RESPONDENTSCOMPLAINANTS 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 impugned proceedings in c.c.No.77 of 2023, on the file of the I Additional Judicial Magistrate of First class at Nizamabad, against the Petitioner/Accused. 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 grant interim stay of all further proceedings in proceedings in c.c. No.77 of 2023, on the file of the I Additional Judicial Magistrate of First Class at Nizamabad, including appearance and attendance of the Petitioner/ Accused, pending disposal of the above Criminal petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminal Petition and upon hearing the arguments of Sri GAJE RAGHU, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, the Additional Public 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 THE STATE OF TI'LANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIV'AS RAO CRIMINAI- PETI'I'lON No.12833 of 20.26 Date: 07.08.2026. Between: Shaik Bablu P:titioner AND The State ofTelangana. and another Respondcnts ORDEIi. This Criminal Petition has been fllerl br the petitioneri accused seeking to quash the proceedings in C.C'.No.77 of 2023. on the file of lc-arned I Additional Judicial \lagisrrate of First Class at Nizamabad 2. []eard \,lr.G.Raghu. learned counsel tbr the peritioner and Mr.J ithender Rao Veerarnalla. learned Additional I)ublic Prosecutor lbr respondent No. I 3. 1'he specilic allegation against the petitioner/acc:rsed is that he has procured PDS rice ftom the bcneflciaries ar chelper rate to sell the same for profit and on 02.08.2022, the petitioncr rvas tbund -II 2 10.30in possession of 26 plastic bags of PDS rice totatling quintals

that without4. Learned counsel for the petitioner would submit there being any complaint from any beneficiary, alleging that the nce was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper The allegations, even taken at his face value cannot be sustained against the petitioner. Further, this Court, in Crl.P.No.5709 of 2019, white considering the same situation, categorically observed that the offences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceed ings against the petitioner. Additional Public Prosecutor submits that as per5. The learned prosecution, the off'ences said to have been committed by the Essentialpetitioner is violation of Section 17 (e) ol the passCommodities Act, 1955 (for short'EC Act') and requested to appropriate orders. any person6. Section 7 of the EC Act contemplate that contravenes with the production, supply, distribution and trade of E'4:trEiP 3 essential commodities. IS punishable. As per the prosecution, the petitioner has procured PDS ricc 1l'om the beneficiaries after supply from the dealer

7. A Coordinate Bench of this Court in Crl.P.No 1227 of 2025 has considered the identical t-acts and observed that 'Thcre i: n() a\'!rnlent indic'cttittg thut tha petitiotl(r in unt v.ut, deceptively induced the beneficiaries ta port with the .suppliet' I'DS rice or lhe beneficn4, enlru\ted the PDS rice purchosacl ht. thett v'ith tha l)etiltoner cnl thar tlirhonestl.t tti:ttlyroltriutttl or .ott\cnt.l lo tltL,ir ()u:n u\e or uted it in yiolcttton ol u lutlLtl direclion or conlrt,ct. ltt the trhletre of e.s;cttticrl /irctor.t, on th, /rt,i ttl llro\rL.utit)n. thi\ ( t)td lnd,\ it to hc a.fit cute ta crcrLise the f uri.sd rion untler Section.i?i o/8,\55. 2023 Thtts. continuon.e o_[ proceecltngs against the petitione. is abuse of pntcess of low". 8. The lacts and circumstances ol the present casc also similar to those in the abovc case and hence. this Cour-t flnds it to be a fit case to exercrse jurisdiction under Section 528 c f BNSS by applying the same analogv and to quash the proceerlings against the petitioner herein 9. Accordingly, the Criminal Petition is allowed and the proceedinss in C.C.No.77 ol 2023. on the file cf leamed I Additional Judicial Magistrate of Iiirst Class at Nizarnabad, against the petitioner/acc used, are hereb) quashed .- 4 Pending miscellaneous applications, if any, shall stand closed. SD/. B. REKHA RANI ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER To, 1. The I Additional Judicial Magistrate of First Class at Nizamabad

2. The Station House Officer, Police Station, Town-l, Nizamabad 3. Two CCs to Public Prosecutor, High Court forthe State of Telangana at Hyderabad (OUT) 4. One CC to SRl. GAJE RAGHU Advocate [OPUC] 5. Two CD Copies TPI</GNK 4+ HIGH COURT DATED: 0710812026 TATE oA ORDER G. 9 CRLP.No.12833 of 2026 _)c ?st c t\UB .},, o ? [ 'J \..-\\/,i. \_" C, riI(.'r CRIMINAL PETITION IS ALLOWED I@* rolelx