Allowed

Shaik Jameel v. The State of Telangana

Telangana HC7 Nov 2025CRLP/14448/2025

Case brief

AI extract

What is this about?

Petitioner sought quashing of cheating and Essential Commodities Act proceedings over alleged procurement of 20 quintals of PDS rice from beneficiaries. Following a coordinate bench decision on identical facts, the court held no deceptive inducement or dishonest misappropriation was averred and quashed the proceedings.

What did the court decide?

Proceedings in C.C.No.329 of 2025 before the Judicial Magistrate of First Class, Metpalli, against petitioner/accused No.2 quashed; miscellaneous petitions closed.

Shaik Jameel Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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[³⁴⁴⁴ ]

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT^HYDERABAD

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FRIDAY,THE SEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETITION NO: 14448 O 2025

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Between:

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Shaik Jameel, S/o. Shaik Razzaq, Age. 27^years,Occ. Agriculture,^{Ryo. 15-} 131/6, Morthad Village and Mandal, Nizamabad District. Tel

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..PETTTTONERyACCUSED(S)

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AND

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The State of Telangana,, Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Telangana.

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lr/. Chiranjeevi, S.l of Police, P.S lvletpalli, Jagtial District.

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...RESPONDENT/COMPLAI NANTS

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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^proceedings in CC No. 329 ot 2025 on the^{file of the} Honble Judicial tvlagistrate Of First class at Metpalli in so far^as petition erlAccu s ed No. 2.

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l.A. NO: 2 OF 2025

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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^{petitioner/Accused} No.2 in in CC No. 329 of 2025 on the file of the Honble Judicial^{Magistrate Of} First class at Metpalli pending disposal of the main criminal^petition

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This Petition coming on for hearing, upon^perusing the Memorandum^of Grounds of Criminal Petitron and upon hearing the arguments^{of Sri ALLURI} DIVAKAR REDDY ,Advocate for the Petitioner and Sri.^JithenderRao Veeramalla the Additional Public Prosecutor^(TG ) on behalf of the Respondent No. 1.

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The Court made the following: ORDER

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THE HONOURABLE SMT. JUSTICE TIRUMALI DEVI EADA

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CRIMINAL PETITION No.14448 oI 2t) 25

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ORDER:

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This Criminal petition is filed by the petitiorrr^,r/accused No.2 under Section 528 of the Bharatiya Nagarik Suraksl a Sanhita, 2023 (for short^'BNSS, 2023') seeking quashment o1 proceedings in C.C.No.329 of 2025 on the file of the learned Judi,; al Magistrate of First Class at Metpalli, registered for the offences u- ler Section 420 of the lndian Penal Code, 1860 and Section 7 r f the Essential Commodities Act, 1955.

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Heard Sri Alluri Divakar Reddy, learne,l counsel for the petitioner as well as Sri Jithender Rao Veerr malla, learned Additional Public Prosecutor appearing for the rr: ;pondent No.1 - State.

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The specific allegations against the ptrr tioner accused are petitioner has produced PDS rice from beneficiz ries at cheaper rate to sell the same for profit and on 14.06.2024 at ( 9.00 hours, the petitioners were found in possession of 20.00 quinta I of PDS rice.

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Learned counsel for the petitioner woulr further submit that without there being any complaint from any bent ficiary, alleging that the rice was procured deceptively or with a crir rinal intent and charging the petitioners for prosecution is untenabls and improper. The allegations on their face value cannot be sustair ed against the

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i i \

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petitioners. Further, this Court in Crt.P.Nos.5709 of 2019 and 33493 of 2015 while considering the same situation, categorically observed that the offences alleged against the^petitioners therein cannot be continued and quashed the^proceedings. The^petitioner is also entitled to the same relief and hence^prayed to^quash the proceedings against the petitioner.

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The learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 and requested to^pass appropriate orders.

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Perused the material available on record

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Section 7 of the Essential Commodities Act contemplate

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that any person contravenes with the^production, supply, distribution and trade of essential commodities in this regard, is^punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer.

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B. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that:

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"There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to^part with^the supplied PDS rice or the beneficiary entrusted the^{PDS rice} purchased by them with the petitioners and they dishonestly misappropriated or converted to their own use or^{used it in} violation of a laMul direction or contract. ln the^{absence of}

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essential factors, on the face of prosecution, this^(;ourt finds it to be a fit case to exercise the^jurisdiction under St ction 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioners is abuse of process of law.''

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The facts and circumstances of the^pr:sent case also similar to those in the above case and hence, this C;r urt finds it to be a fit case to exercise^jurisdiction under Section ll 18 of BNSS by applying the same analogy and to quash the proceer ings against the petitioner herein

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Accordingly, the Criminal Petition is i llowed and the proceedings in C.C.No.329 o'f 2025 on the file of thr: learned Judicial Magistrate of First Class at tt/etpalli, against the^pe titioner-accused No.2, are hereby quashed

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Miscellaneous petitions, pending if any, shall ; and closed. SD/- S. I/ ALLIKURJUNA RAO ASI) STANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

To,

The Judicial lr/agistrate Of First class at Metpalli, Jagitizrl District 2. The SHO lvletpalli Police Station, Jagtial District. 3 One CC to SRI. ALLURI DIVAKAR REDDY Advocate i( PUCI 4 One CC to SRl. PUBLIC PROSECUTOR Advocate [OF t C] 5 Two CD Copies

4r" nPKiSA

HlGH COURT

DATED:0711112025

CRLP.No.14448 of 2025

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