Disposed

Dudekula Mohammad Khasim v. the State of Andhra Pradesh

Andhra Pradesh HC14 Mar 2023CRLP/1203/2023

Case brief

AI extract

What is this about?

Criminal Petition under Section 482 Cr.P.C. seeking quashing of proceedings for cheating and IPC offences. Court found seized stocks were not PDS rice and were duly remitted to the government. Police directed to pass orders within two weeks without coercive steps.

What did the court decide?

Directions issued to police to pass orders within two weeks based on Joint Collector's report and to desist from coercive steps against the petitioner.

Dudekula Mohammad Khasim Vs the State of Andhra… — Cheque Dishonour | Andhra Pradesh HC (2023)

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.1203 of 2023

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Order:

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This Criminal Petition, under Section 482 Cr.P.C., has been filed on behalf of the petitioner/A3 to quash the proceedings in Crime No.728 of 2021 of Mangalagiri Rural Police Station, Guntur District.

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A case has been registered against the petitioner and others for the offences under Sections 420 IPC and Section 7(1) of the Essential Commodities Act.

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The grievance of the petitioner is that police seized PDS rice from owner of Shankar Rice Mill in Atmakuru Village on the ground that the petitioner herein is cheating the Government by purchasing the PDS rice from Ration Card Holders at a low price and selling the same to people at higher price.

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Learned counsel for the petitioner submitted that, by an order dated 07.01.2022 of the Joint Collector and Additional District Magistrate, Guntur, an enquiry was conducted with regard to the fact whether rice stocks which were seized belong to PDS rice or not. The Civil Supplies Deputy Tahsildar, Mangalagiri conducted thorough search in the rice mill and

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found that no PDS Rice stocks were found in the rice mill. Thereafter, the Deputy Tahsildar rushed to Mangalagiri Rural PS and taken over the seized PDS Rice and handed over the same to Proprietor of M/s Lakshmi Srinivas Traders, Pedavadlapudi Village, Mangalagiri Mandal for temporary safe custody under proper acknowledgment.

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Heard. Perused the record.

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A perusal of record goes to show that, after conducting enquiry, the officials are of the opinion that the stocks which have been seized from Sai Krishna Godowns, Karlapalem on 27.08.2021 was under proper receipt duly remitting the value of the stocks into Government Head of Account by way of CFMS Challan. On coming to know that the said stocks would not amount to PDS, the stocks which have been seized were released in favour of the Rice mill owners and the same has been handed over to the proper party under proper acknowledgment.

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On instructions, learned Special Assistant Public Prosecutor too concurred with the submission made by the learned counsel for the petitioner.

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When once report has been placed before the police, there is no reason why the police are not acting in accordance with law. Since Government authority has placed the records before the police, the police are directed to pass orders within a

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period of two (2) weeks basing on the orders submitted by the Joint Collector, Guntur dated 07.01.2022.

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Further, the respondent/police are directed to not to take

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any coercive steps as against the petitioner herein.

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Accordingly, with the above directions, the Criminal Petition is disposed of.

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As a sequel thereto, the miscellaneous applications, if any,

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pending in this Criminal Petition shall stand closed.

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___ ________________ K. SREENIVASA REDDY, J

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14.03.2023 ARB

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HON’BLE SRI JUSTICE K. SREENIVASA REDDY

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Criminal Petition No.1203 of 2023

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Dated:14.03.2023

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ARB

Dudekula Mohammad Khasim v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Dudekula Mohammad Khasim v. the State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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