High Court allowed criminal petition under Section 528 of BNSS to quash proceedings under the Essential Commodities Act, 1955, against accused accused of procuring PDS rice for sale, applying analogous precedent due to absence of criminal intent.
Proceedings in C.C. No. 688 of 2018 against Accused Nos. 1 and 2 were quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
[3303 ]
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THURSDAY,THE EIGHTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENry FIVE
PRESENT
THE HONOURABLE SRI JUSTICE J SREENIVAS RAO
CRIMINAL PETITION NO: 17027 OF 2025
Between:
...PETITIONERS/ACCUSED
AND
...RESPONDENT/DEFACTO COMPLAINANT
Petition under Section 528 of BNSSpraying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtmay be pleased to pleased to QUASH the proceedings in C.C. No. 688 of 2018 on the file of the court of the Hon'ble Judicial Magistrate of First Class at Wanaparthy, against the petitioners/ accused.
l.A. NO: 2OF 2025
Petition under Section 528 of BNSSpraying that in the circumstances stated in the [V'lemorandum of Grounds of Criminal Petition, theHigh Courtmay be pleased to grant STAY of all further proceedings including the appearance of the petitioner/ accused in C.C. No. 668 of 2018 on the file of the court of the Hon'ble Judicial Magistrate of First Class at Wanaparthy,pending disposal of theabove criminal petition.
This Petition coming on for hearing, upon perusing 1l: Memorandum of Grounds of Criminal Petition and upon hearing the arl uments of Sri C VIVEKANAND ,Advocate for the Petitioner and the SRI JITHENDER RAO VEERAMALLA, Additional Public Prosecutor on behalf of tl-t Respondent No.'l and None Appeared for the Respondent No.2.
The Court made the following: ORDER
I
// ,/
,r1
TN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.17027 of 2025
Date: 18.12.2025
Between:
Bhanuru Nagender and another
...Petitioners
AND
The State of Telangana,
Rep. by its Public Prosecutor,
High Couft ofTelangana at Hyderabad and another
Respondents
ORDER
This Criminal Petition is fited by thepetitioners/accused
Nos.l and 2 seeking to quash theproceedings inC.C.No.688 ol 201 8 on the file of the learned JudiciatMagistrate of First Class at Wanaparthy
and 2 is that they have procured PDS rice from the beneficiariesat
2
!r-. -"1
cheaper rate to sell the same for profit and orr 18.04.2018, rhe petitioners were found in possession of 63.50 quirLt rls of PDS rice. 4. Learne,C counsel lor the petitioners rvou Lr submit that without therr: being any complairlt from an\ beneficiary, alleging that the rice was procured deceptively or ,, ith a criminal intent and charging the petitioners for prosecuticr is untenable and improper,'Ihe allegations, even taken at tlrt ir face value cannot be sustained against the petitioners. Furthe" this Court in Crt.P.No.5709 of 2019 and 3349 of 2015 while cr nsidering the same sit.uatiorL, categorically observed that the oft ,nces alleged against the petitioners therein cannot be continuerl and quashed the proceedings. The petitioners are also entitlel to the sante relief and hence prayed to quash the proceedinrl against the petitioners.
\
il
I I I
supply, distributionand trade of essentialcommoditiesor abetment in thisregard, is punishable'As per the prosecution' the petitionershaveprocured PDS rice from the beneltciaries after supplylromthe deaier.
"There is no avermentindicatingthat the petitionerin any way deceptively inducedthc benet-rciariesto part withthe supplied PDS rice orthe bcnellciar)'entrustedthe PDSricepurchasedby them withthe petitioncr andthey dishonestly misappropriated or converted totheir ownuse or used it in violationof a lawful direction or contract-ln the absence of cssential factors'on the face ofproseoution, this Court findsit to bc a fit case to exercise thejurisdiction under Section 528 of BNSS, 2023 Thus' continuanceof proceedingsagainst the petitioner is abuse of process of law".
g. Accordingly,the Criminal Petition is allowed and the proceedings inC.C.No.688 of 2018 on the file of the leamed
4
Judicial Magistrate of First Class at Wanaparthy against the
petitioners/accused Nos.l and 2, are hereby quashed
, I \
\
Pending miscellaneous applications, if anr shall stand
closed
SD/. I.. BHAVANI SWAMY ASSI ;TANT REGISTRAR
!+
//TRUE COPY//
SECTION OFFICER
To,
'1 . The Judicial tvlagistrate of First Class at Wanaparthy.
DDN
Y-
HIGH COURT
JSRJ
DATED:1811212025
2 TF,E SIA
(
2 ? rit i,;5 z
P
'.1..
"Y* /
)Fsr:l-;.-.'. --
**. :-l-:_--l;. l
ORDER
CRLP.No.17027 of 2025
CRIMINAL PETITION IS ALLOWED
q- .ot'"\ U fu"
2 issues framed by the court
Whether the proceedings under Section 7 and 8 of the Essential Commodities Act, 1955, alleging procurement of PDS rice for sale, are fit to be quashed on failure to establish criminal intent.
Whether the facts of the present case are analogous to Crt.P.No.7227 of 2025 to justify quashing pursuant to Section 528 of BNSS.
Colour shows how this judgement treated each authority
2 provisions across 2 enactments
Bhanuru Nagender and another
State of Telangana
J Sreenivas Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
