Disposed¶52

B. Venkata Ramana v. The State of Telangana

Telangana HC22 Apr 2025CRLP/4654/2025

Case brief

AI extract

What is this about?

Telangana High Court, Justice N.Tukaramji, order dated 22-04-2025 in Crl.P.No.4654 of 2025; quashment of FIR/Crime No.85 of 2025 of Kothakota Police Station, Wanaparthy District under Ss.316(2), 316(5), 318(4) BNS, 2023 and S.7 Essential Commodities Act, 1955; TGSCSCL custom milling paddy shortage of 1,853.733 MTs; Arnesh Kumar v. State of Bihar guidelines; Section 35(3) BNSS notice; no direction to furnish security at investigation stage; petition disposed, not quashed.

What did the court decide?

Investigating Agency directed to issue Section 35(3) of BNSS, 2023 notice to the petitioner and adhere to Arnesh Kumar guidelines before proceeding against him; petitioner to submit explanation/materials and cooperate with investigation; quashment declined and Criminal Petition disposed of; pending miscellaneous applications closed. ¶52

B. Venkata Ramana Vs The State of Telangana — Cheating and Forgery | Telangana HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in Crime No.85 of 2025 of Kothakota Police Station, Wanaparthy District, against the petitioner (sole accused) are liable to be quashed. +1 more

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Court's answer

The petitioner's plea of joint custody and defences such as natural decay and loss due to improper stocking of the materials are matters to be examined in the investigation.

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Ratio / Principle

In such position, any direction to the petitioner to furnish security would be premature.

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Key takeaways

Except the alleged offence under Section 316(5) of BNS, 2023, the remaining accusations against the petitioner are punishable with imprisonment up to seven years.ratio¶45
Without entering into merits, keeping all prerogatives of the investigation open and to maintain parity with coordinate Bench orders, the Investigating Agency is directed to issue a Section 35(3) of BNSS, 2023 notice to the petitioner and to adhere to the guidelines in Arnesh Kumar v. State of Bihar before proceeding against him.ratio¶45

Detailed headnote1 paragraphs

Criminal Petition under S.528 BNSS, 2023 seeking quashment of Crime No.85 of 2025 (Kothakota Police Station, Wanaparthy District) registered under Ss.316(2), 316(5), 318(4) BNS, 2023 and S.7 EC Act, 1955 over alleged missing of 1,853.733 MTs of paddy from the petitioner's rice mill engaged in custom milling for TGSCSCL - HELD: pleas of joint custody and defences of natural decay and improper stocking are matters for investigation; any direction to furnish security would be premature; except S.316(5) BNS, accusations punishable up to seven years; Investigating Agency directed to issue S.35(3) BNSS notice and adhere to Arnesh Kumar v. State of Bihar guidelines before proceeding; petitioner to submit explanation and cooperate - Petition disposed of; miscellaneous applications closed.

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132171

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HIGH COURT FOR THE STATE OF TELANGANA^{AT HYDERABAD} TUESDAY ,THE TWENTY SECOND DAY OF APRIL TWO THOUSAND AND TWENTY^FIVE PRESENT

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THE HONOURABLE SRI JUSTICE^N.TUKARAMJI CRIMINAL PETITION NO: 4654 OF 2025

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Between:

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B. Venkata Ramana, S/o. B. Gopal,^{Occ.Business,Aged 50 years, R/o} Natavelli Village, Kothakota Mandal,^{WanaparthyDiStrict.509103}

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...PETITIONER/ACCUSED

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AND

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The State of Telangana, Rep. through the^{Public Prosecutor,High Court of} Telangana at Hyderabad-

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2 K. Jagan Mohan, S/o K. Yadaiah, Aged^{40 years, Occ. District Manager,} TSCSCL, R/o D.No.25, Ground^{Floor, lntegratedDistrictOffices Complex,} Wanaparthy, Wanaparthy District. 509103

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..RES,ONDENTS

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Petition under Section 528 o'f^{BNSS, 2023 praying that inthe} circumstances stated in the Memorandum^{of Grounds of criminalPetition, the} High Court may be^pleased to call^{for the records relating to FIR No.85 OF 2025} on the file of Kothakota^police station,^{WanaparthyDistrict and quashthe same} in so far as petitioner/Accused is concerned;

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l.A. NO: 2 OF 2025^</sup>

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Petition under Section 528 of^{BNSS,2023 praying that inthe} circumstances stated in the^{Memorandumof Grounds of criminal Petition,the} High Court may be^pleased to^{grantstay of all furtherproceedings including} arrest of petitioner/accused in FIR^{No. 85 OF 2025 on the file of Kothakota police} station, Wanaparthy District;

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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 K} RATHANGA PANI REDDY ,Advocate^{for the Petitioner and Sri JithenderRao} Veeramalla, Addl. Public Prosecutor on^{behalf of the RespondentNo.'1 and none} appear for the Respondent No.2;

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The Court made the following:^ORDER

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THE HONOURABLE SRI JUSTICE N.TUKARAIVIJI

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rlRlMlNAL PETITION No.4654 OF 2025

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ORDER

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This Criminal Petition is filed under Section S2B of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of the proceedings in Crime No.85 of 2O2S of Kothakota Police Station, Wanaparthy District, against the petitioner.

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The petitioner is sole accused in Crime No.85 of 2025 registered for the offences punishabte under Sections 316 (2), 316(5), 318(4) of Bharatiya Nyaya Sanhit a,2023 (for short 'BNS, 2023') and Section 7 of Essential Commodities Act,'1955 (for shoi-t, 'EC Act').

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Heard tt4r K.Rathanga Pani Reddy, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional public Prosecutor, representing the respondent No.'1-State,

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The prosecuiicn case in brief is that the petitioner is the Proprietor of Rice Mill under the name and style of^,M/s. Ramakrishna Traders, Kothakota Village and Mandal, Wanaparthy District, and engaged in the business of milling of paddy. The Telangana State Civil Supplies Corporation Limited (for short, 'TGSCSCL') entered into agreement with the petitioner's firm for procuring and milling of paddy \ and to deliver back the custom milling rice lt is alreged that the

Lrl.P.No.16i'l^{ol 2025}

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TGSCSCL^{Department had conducted inspection in the petitioner'srice} mill on 23.03.2025^{and found1,853 733 MTsof paddy missingfor the} seasons^{of Kharif 2021-22' Rabi 2021-22and Kharif 2022-23'Thus'a} Police Report^{waslodged against the petitioner for misappropriation of} stocks and^{violationof the agreement and for recovpry of the amounts'}

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Learned^{counsel for the petitionerwould submit that as per the} agreement,^{the de facto complainant and petitioner would be in joint} custody^{of the paddy. Further pleaded that the Government did not} properly store^{the paddy and for natural reasonssome of the quantity} was damaged,^{Howsoever,as per the agreement' the dispute has to} be placed^{beforethe Arbitrator and withoutsuch an effort'the} Government^{on its ownconcluding misappropriationand initiating} conclusive^{findingson relevantaspects} prosecution without^anY alleging^{criminality is untenable' That apart' the petitioneris ready to} cooperate^{with the investigation and is intending to see the process} through.^{He furtherpointed out that the coordinate Bench of this Court} vrde Criminal^{PetitionNos'1574, 1575 ot 2025' 8gS and 12037of 2024} held that^{Section 316(5) of BNS' 2023 would not attract in the} circumstances^{of the case and directedthe investigating agencyfor} issuance of^{35(3) of BNSS, 2023 notice and to followthe guidelines}

I I

NIR:I

Cr/.1'.N0.1654 of 2025

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enunciated in Arnesh Kumar y. Sfafe of Biharl . Thus pleaded for granting similar relief to meet their hardship.

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Learned Additional Public Prosecutor would submit that it is a clear case of misappropriation, the petitioner and similarly placed other rice millers have caused loss of crores of rupees to the State and by the direction of issuance of notice, it is becoming difficult in proceeding with the investigation for want of co-operation from the petitioner. That apart, a Coordinate Bench of this Court in Crl.p.Nos.3g33 of 2024, 3305 of 2024 3306 ot 2024, having considered the submissions dismissed the criminal petitions, The petitioner herein is also facing self same accusations. therefore, pending investigation proceedings, this petition has to be dismissed. Further submits that, if the Court considers otherwise, directing the petitioner for depositing considerable amount against the complaint mentioned loss.

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I have perused the materials on record

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B. Admittedly, the petitioner is a rice miller and running an industry under the name and styre of 'M/s.Ramakrishna Traders'. rt is crear by the averments of the complaint that TGSCSCL Department had entered into agreement with the petitioner for carrying out milling of paddy. \ ' 1201+y^{e scc} zz:

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(..rl.P.No. 1651 ol 202

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Further, in the complaint, the misappropriation has^{been alleged.} Whereas the^{petitioner'splea} of^{joint custodyand the defenceslike} natural decay, loss due to improper stocking^{of the materials are to be} examined in the investigation. ln such^{position, any direction to furnish} security would be^premature.

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Further, having regard to the nature^{of the offencesand depth of} allegations against the^petitioner and^{exceptthe alleged offence under} Section 316(5) of BNS, 2023, rest of^{the accusations are punishable} with an imprisonment upto seven^{years and considering the fact that} the petitioner is running rice^{mill industryand the Government's contract} is disclosing^petitioner's well rooted^{place in the society and the aspects} that the prosecution has not^{raised any impedimentin securingthe} presence of the petitioner for investigation and the^{readiness of the} petitioner to cooperate with the investigation, without^enteringinto merits and keeping all^{prerogatives of} the^{investigation open and to} maintain parity, directing the lnvestigating^{Agency for issuanceof} Section 35(3) of BNSS, 2023 notice^{on the petitioner in Crime No.54 of} 2025 and to adhere the guidelines of Arnesh Kumar^{v' Stafe of Bihal} before^proceeding against the^petitioner, is found^appropriate. Accordingly, ordered. ln unison, the^petitioner is directed^{to submit} I I I I ' lzor+1^{a scc zz:}

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N.r&/

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Crl-P.,'0. 4654^{oJ202 5}

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explanation and^{materials, if any, and shall cooperate with the}

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investigation

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With this direction,^{this Criminal Petition is disposed of'}

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Pending miscellaneous^{applications,if any, shallstand closed'}

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SiD/- N. SRI^HARI D PUTY REGISTRAR

//TRUE COPY//

I SECTION OFFICER

To,
l

The Judicial^{First Class Magistrate, Atmakur}

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Z. fn" Stution^{House Officer,kothakota P S} '^{Wanaparthy District} 5. o"; cc to^{SRIK RATHANGA PANI REDDYAdvocate[oPUC]} ^.^.-. ;. i;;6c.ioFuaLrc^{pniisrturon, High court at Hvderabad (oUT)}

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