Petition sought quashing of FIR over alleged PDS rice procurement. Finding no averment of deceptive inducement or dishonest misappropriation, and applying analogy to an identical case, the High Court quashed the proceedings against the petitioner.
Proceedings in Crime No.621 of 2024 of Bodhan Town Police Station against the petitioner quashed.
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[3303 I
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
MONDAY,THE FIRST DAY OF DECEIVBER TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 15734 OF 2025
Betwee n:
Shaik Habeeb, S/o. Shaik Gulam lasmail, Aged 31 years, Occ Driver, R/o. H.No 9-17-572, Shanthinagar, Nizamabad Town and District-pincode 503001
...Petitioner/Accused
AND
..Respondents/Complainant
Petrtion under section 528 of BNSS praying that rn the circumstances stated in the Memorandum of Grounds of crrminal petition, the High court may be pleased to quash the impugned proceedings in F l.R. No.621 of"2024, on the file of the Bodhan Town porrce Station, tiizamabad District, in so far as Petitioner/ Accused is concerned
l.A. NO: 2 OF 2025
Petition under Section _ 52g of BNSS praying that in the circumstances stated in the Memorandum of Grounds ot criminat petition, the High court may be^pleased to grant interim_stay of a, further proceedings in F.r.R No. 62r of 2024 including on appearance the fire of the and Bodhan atlendance Town or- poriJ"-st"tion, G -petitione Nizamabad District., r/Accused, pending disposal of the above Criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of sri GAJE RAGHU, Advocate for the petitioner and the sri Jithender Rao Veeramarra, Additjonal Public prosecutor on behalf of the Respondent Nos.1 and 2
The Court made the following: ORDER
n
HIGH COURT FOR THE STATE OF TELANGANA AT FTN)ERABA.D
TI{E HON'BLE SRI JUSTICE J.SREENTVASRAO
CzuMINAI, PETITION No.15734 of 2O:2I;
Date OL.L2.2O25
Between:
Shaik Ila bcr:d
Petii ionel ,'accused
Vs
The State ol Tc l:rnplana and ano[her.
Re s [,ondents
ORDER:
This Crirnrnal Petition is filed underllection 528 Blraratiya Nae,a rik SurzrkshurSanhita([or short'r3.\SS't by the pctitionerlzrcc:rtserl seeking toquash the procetdings lrgainst hirn in Crimi: No.62 Iof 2024 on the firle of Bodhr:-r Tor"'n Police Stalion, Nizal'rabadDistrict, registercd for the o:f(lnc€)sunder Sections 348(4)olBNS at-rd Scction7 ofLhe lissential Commodities Acrt,I 955.
PDS rice from thc benehciaries at cheaper rate to sell the same for pro[rt and he u,as found possession of 5O bags (2O quintals) of PDS ricc
t--
"There rs 1lo averrnent indir;ating that the pe;itioncr in anv wir- dcceptivell- induccd thc beneficiaries to 1 ,art vritl.r thc supplicd PDS ricc or tlLe bcncficizrry entr,t;ted the PDS ricc purchased by them r.r.ith the petitione: itnd they dishoncstl,r misapl;ropr iatcrl or convcrted to .l .eir our.r use o- r':;ed it in vrolation o[ a law.ful di L.-:tion or contract. ln thc al)sencc ol essentia] factors, c:r the;hce of prosecr,ttion, this Court finds it to be a i 1 caso to exercisr: ihe jurisdiction under Section 528 of B\SS, 2023. Thus, continuancc of proceedings r,L;lirinst the petitioner is abtrse ofproccss of laur'.
Miscellaneous petitions, pending if any, shall stand
closed
SD/. AHMED ABDULLA KHAN ASSISTANT REGISTRAR
//TRUE COPY//
ECTION OFFICER
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HIGH COURT
DATED:01 11212025
ORDER
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CRLP.No.15734 of 2025
ALLOWING THE CRIMINAL PETITION
k
1 issue framed by the court
Whether proceedings under Sections 348(4) BNS and Section 7 EC Act for procuring PDS rice from beneficiaries could be quashed absent allegations of deception or dishonest misappropriation.
Colour shows how this judgement treated each authority
Crl.P.No.7227 of 2025Relied on¶7
3 provisions across 3 enactments
Shaik Habeeb
The State of Telangana
G Hanuman
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
