Allowed

Syed Shoukath Ali v. The State of Telangana

Telangana HC11 Nov 2025CRLP/14647/2025

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against the petitioner accused of procuring PDS rice at a cheaper rate. The court found no evidence of deceit or criminal intent and relied on analogous precedent where similar offences were quashed as abuse of process.

What did the court decide?

The Criminal Petition is allowed and the proceedings against the petitioner/accused No.3 in C.C.No.730 of 2024 are hereby quashed.

Syed Shoukath Ali Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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TUESDAY,THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND TWENW FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA

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CRIMINAL PETITION NO: 14647 OF 2025

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Between:

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Syed Shoukath Ali, , S/o. Syed Sujath Ali, Age 43 years, Occ. Business, Rl/o. H.l.lo. 1$-398, Shanti Nagar, Adilabad Distr-ict.

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...PETITIONER/ACCUSED No.3

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AND

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

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Syed Mujahid SlP, C/o. Not Known, Age. Maior, Occ. Police officer, Rio. Rural Adilabad P.S, Adilabad Tov",n and District.

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...RESPONOENT/DEFACTO COMPLAINANT

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Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the C.C.No. 730 of 2024 on the file of Honourable Judicial First Class Magiatrate (PCR) Adilabad against the petitioner/Accused !!o.3.

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l.A. NO: 2OF 2025

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Petition under Section 528 of B.N.S.S, 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 in C.C No. 730 ot 2024 on the fib of Honourable Judicial First Class lJlagistrate (PCR) Adilabad including the appearance of the petitioner, pending disposal of the above Criminal petition.

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This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri SOMA RAVI KIRAN REDDY,Advocate for the Petitioner and Sri Jithender Rao Veeramalla,the Additional Public Prosecutor (TG) on behalf of the Respondent No.1 and None appeared for the Respondent No.2.

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The Court made the following: ORDER

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/,'

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THE HON'BLE SMT.JUSTICE TIRUMALA DI VI EADA

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CRIMINAL PETITION No.14647 of 20 15

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ORDER:-

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This Criminal Petition is filed under Section 5 28 of Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking the Cou( to quash the proceedings against the petitioner/acctl ed No.3 in C.C.No.730 of 2024, on the file of the leamed Jurl :ial First Class Magistrate (PCR), Adilabad, registered for the offer:es punishable under Sections 420 of lPC, Section 7 of Essential Cc mmodities Act, 1955.

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Heard Sri Soma Ravi Kiran Reddy, learned < ounsel for the petitioner/accused No.3 as well as Sri Jitender Rao \ eeramalla, the learned Additional Public Prosecutor appearing for t re respondent No.1- State.

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The specific allegations against the petitioneirccused No.3 are that the petitioner herein have procured pDS rice from the beneficiaries at cheaper rate to sell the same for rrofit and on 06.06.2024 at about 12.30 hours, the petitioners v ere found in possession of 23 bags of PDS rice weighing around 1 I euintals.

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Learned counsel for the petitioner would fu(hr r submit that

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without there being any complaint from any beneficiarl alleging that

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TTOJ Crl-P.No,11t647 2025

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the rice was procured deceptively or with a criminal intent and charging the petitioner for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioner. Further, this Court in Crl.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 herein is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

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5, The leamed Additional public prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioners is cheating and vioration of Sections z and g of the Essential Commodities Act, 1955 and hence requested to pass appropriate orders.

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Perused the material available on record.

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Sections I and g of the Essential Commodities Act contemplate that any person contravenes with the productinn, supply, distribution and trade of essentiar commodities or abetment in this regard, is punishable. As per the prosecution, the petitioner

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TIOJ Crl P-No.t!647 2025

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has procured PDS rice from the beneficiaries after r upply from the

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dealer-

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A Coordinate Bench of this Court in Crl.p.No.72 Zl of 2025 has considered the identical facts and observed that_

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"There is no averment indicating that the petitioners I any way deceptively induced the beneficiaries to paft with the st rytied pDS rice or the beneficiary entruded the pDS rice purcha;, .d by them with the petitioners aN they dishonestty misappt oriated or convefted to their own use or used it in vbtation of a latv I dircction or contract. ln the absence of essential fadors, on i rc face of prosecution, this Coutt finds it to be a fit case fo e. ercise the jurisdiction under Section 528 of ATVSS, 2023. Thus, cot inuance of ,, proceedings against the petitioners is abusr' of proce.ss ot law.

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The facts and circumstances of the present c ase also are similar to those in the above case and hence, this Cour finds it to be a fit case to exercise jurisdiction under Section 52g cl BNSS, 2023 by applying the same analogy and to quash the procer., lings against the petitioners herein.

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Accordingly, the Criminal petition is allowt d and the proceedings against the petitioner/accused No.3 in () 1.No.730 of 2024. on the file of the learned Judicial First Class Magir trate (pCR), Adilabad, are hereby quashed.

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TIOJ Cn^{P.No-14547_2025}

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