Allowed

Jatavath Santhosh, v. The State of Telangana.

Telangana HC2 Dec 2025CRLP/15827/2025

Case brief

AI extract

What is this about?

The High Court quashed criminal proceedings against the petitioner accused of procuring PDS rice for profit. Finding no specific allegation of deception or violation of legal conditions by the beneficiaries, the Court held the proceedings an abuse of process and applied the ratio of a coordinate bench dealing with similar facts.

What did the court decide?

Quashed the proceedings in C.C. No. 10418 of 2021 against the petitioner.

Jatavath Santhosh, 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 SECOND DAY OF DECEIMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS RAO

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CRIMINAL PETITION NO: 15827 OF 2025

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Between:

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Jatavath Santhosh., S/o. Jatavath Soma, Aged 27 years, occ Driver, R/o H No.^.17-'1 391lGlF l45,Srngareni Colony, Saidabad, Hyderabad.

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...PETITIONER/ACCUSED No.3

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AND

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'1 . The State of Telangana., Rep. By the Public Prosecutor, Telangana High Court. Hyderabad

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Sri T. [,4ahender, S/o. late T, Ramulu. occ Deputy Thahasildar, oio Chief Rationing Officer, Hyderabad

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-..RESPONDENT/COMPLAINANT

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Petition under Section 528 of Cr.P-C praying that in the circumstances stated in the ltilemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in C.C. No_ 10418 ol 2021 on the file of the Vll Addl. Chief Metropolitan Magistrate, at Nampally, Hyderabad, to the extent of the petitroner, who are arrayed as accused No.3 l.A. NO: 1 OF 2025

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Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the [/lemorandunr of Grounds of Criminal Petition,the High Court rnay be pleased to stay all further proceedings including personal appearance in C.C. No. 10418 of 2021 on the file of the Vll Addl. Chief lvletropolitan l\rlagrstrate, at Nampally, Hyderabad, to the extent of the petitioners, who are arrayed as accused no. 3

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This Petition coming on for hearing,upon perusing the lVlemorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri M.W.R Jayakar, Advocate for the Petitioner and the Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No 1.

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The Court made the following: ORDER

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HIGH COI'RT FOR THE STATE OF TELANGANA J.T }ryDERABAD

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THE HON'BLE SRI JUSTICE J.SREENIV/ISiRAO

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CRIMINAL PETITION No.15827 of 202tt

Date O2.L2.2025

Betqreen:

Jatavath Santosh

Peti tion c r, accuscd No.3

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The State of Tclangana and anotlter

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Respondents

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ORDER:

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This Criminal Pctitron is filcd under it:ction 524 Bharatiya Nagarik Srtrraksha San hita (for short 'l : N SS J by the petitioner/ accusccl No.3 seeking to quash tht: proceedings against hin-r in C.C.No.104 18 of 2O2l oo tht file of VII Additional Chiel Metropolitan Magistrate at Nampa1ly, Hyderabad.

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Heard Mr. M.W-R. Jayakar, learned courrs e1 for the petitioner and Mr.Jitendar Rao Veeramalla learned Additional Public Prosecutor appearing for tht: r,--spondent No. 1-State.

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<br>

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[rarned counsel for the petitioner submits that the specifirc allegation against the petitioner is that he has procured PDS rice from thc beneficiaries at cheaper rate to sell the same for proht and the petitioner was found in possession PDS rice total u'eight 30 quintals of pDS rice.

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He fur[her submitted that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal intent and charging the pctitioner for prosecution is untenable and improper. The allegations, even take at their face value cannot be sustained against thc petitioner. Furthcr, this Court in Cr1.P..No.5709 of 20i9 and 3349 of 2015 while considering the same situation, categoricaliy obser-ved that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings. The petitioncr is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

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Per contra, the learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioner is cheating and violation of Section 7 and 8 of the Essential Commodities Act, 1955 and requested to pass appropriate orders

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ttr'-: rF"^1-!i*+:' -€

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t t

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Section 7 ancl 8 of the Essenlial Cor n odities Act contemplate that any person contraven(lri u.ith the production, supply, drstnbution and trade r I essential commoditir-'s or abctment in this regard, is irunishable. As per the prosecution, the petitioner has procl r,,d ['DS rice from the beneficiaries after supply from the dezrle r.

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7 . A Coordinate Bench of this Court in Crl. P No.7227 of 2O25 has considered the identical facts and obse r,:d that:

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) \

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"There is no averment indicating that the p('t.lr rncr rn any way deceptivcly induced the bcnehciaries t, p rrt \vith ttre supplied PDS rice or thc benehciary entrrrs,ed the PDS rice purchased by them rvrth the petitioner ar)d they dishonestly rnisappropriated or converted to th, ir own use or used it in violation of a lawfui clirr:r:rron or contract. In the absence of essential factors, or the lace of prosecution, this Court finds it to be a fir^'asc to exercise the jurisdrction undcr SecLion 528^, rl BNSS, 2023. Thus, continuance of proceedings :rqrurrst the petitioner is abuse of process o[ Iaw".

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The facts and circumstances of the prese rl case also similar to those in the above case and hence, this⁽ lourt finds it to be a f1t case to exercise jurisdiction under S( c ion 528 of BNSS by applying the same analory and to tluash the proceedings against the petitioner herein.

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/^l

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Accordingly, the Criminai Petition is allowed and the proceedings in C.C.No.10418 of 2O2l on the file of VII Additional Chref Metropolitan Magistrate at Nampally, Hyderabad, are here by quashed.

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Miscellaneous petitions, pending if any, shall stand

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closed

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SD/-C.DEEPIKA TANT REGISTRAR

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//TRUE COPY'

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ECTION OFFICER 1 The Vll Addrtional Chief lVletro politan l,4agistrate at pally, Hyderabad 2 The Station House Officer, M adannapet Police Sta n, Hyderabad 3 One CC to Sri tvl W.R Jayakar. Advocate (OPUC) 4 Two CCs to Public Pros ecutor, High Court for the State of Telangana at Hyderabad (OUT) 5. Two CD Copies ks

To,

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HIGH COURT

JSRJ

DATED:0211212025