Allowed

Gone Ilaiah v. The State of Telangana

Telangana HC16 Jun 2025CRLP/7044/2025

Case brief

AI extract

What is this about?

Quash petition against prosecution for procuring PDS rice from beneficiaries, alleging cheating and Essential Commodities Act violations. Court held procurement from supplied beneficiaries did not interfere with supply, distribution or trade, and found no deceptive inducement or dishonest misappropriation.

What did the court decide?

Proceedings in C.C.No.583 of 2024 on the file of the Additional Judicial First Class Magistrate at Mahabubabad against the petitioner/accused quashed; miscellaneous petitions closed.

Gone Ilaiah Vs The State of Telangana — Quashing and FIR | Telangana HC (2025)

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132171

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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD

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IUONDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE N.TUKARAMJI

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CRIMINAL PETITION NO: 70 440F 2025

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Between:

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Gone llaiah, S/o Yakambram, Age. 39 years, Occ. Business, R/o.Mahamood patnam Village, Kesamudram Mandal, Mahabubabad District.

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...Petitioner/Accused

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AND

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Ihe^{State of Telangana, rep.by its Public prosecutor, High Courtof} Telangana at Hyderabad, Through The SHO Kesamudrim police station, Mahabubabad Diskict.

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...RespondenUComplainant

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Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal petition, the High court may be pleased to quash the proceedings in cc No. 583 of 2024 on the file the court of Judicial First class Magistrate At Mahabubabad, Mahabubabad District, against the Petitioner.

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l.A. NO: 2 OF 2025

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Petition under Section 528 of BNSS 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 against the petitioner in cc No. 583 of 2024 on the file the court of Judicial First class Magistrate At Mahabubabad, Mahabubabad District including dispense with the appearance of the petitioner tilt the disposal of the main quash petition in the interest of the justice.

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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 Laxmaiah Kanchani, Advocate for the Petitioner and the Sri Jithender Rao Veeramall, Additional Public Prosecutor on behalf of the Respondent

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The Court made the following: ORDER

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THE HONOURABLE SRIJUSTICE N. TUKARAMJI

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CRIMINAL PETITION No.70zt4 ot 2025

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ORDER:

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This petition is filed under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (tor short^'BNSS, 2023') seeking quashment of the proceedings in C.C.No.SB3 of 2024 pending on the file of the learned Additional Judicial First Class Magistrate at Mahabubabad District against the petitioner/accused.

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Heard Mr.Laxmaiah Kanchani, learned counse for petitioneraccused, Mr.Jithender Rao Veeramalla, Iearned Aclditional Public Prosecutor appearing for the respondenlState-

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The petitioner is arrayed as accused in C.C.No.{j83 of 2024 for the offences under Section 42O of the lndian Penal Code, 1860 and Sections 7 and B of Essential Commodities Act, 1955 (for short'the act').

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The specific allegation against the petitioner/accr:sed is that he has procured PDS rice from the beneficiaries at cheacer rate to sell the same for profit and on 02.11.2023 at about 6.00 hrs;, the petitioner was found in possession of 48 bags of PDS rice totallingt 24 quintals.

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CRL.P.No^{7044of 202 5}

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Learned counsel^{for the petitionerwould submit that without} there being^{any complaint from any beneficiary'the rice wasprocured} deceptively^{or with a criminal intent'chargingthe petitioner for} prosecution is^{untenable and improper' The allegations on his face} value cannot^{be sustained against the alleged offences' Further' this} Court in^{Crl.P.Nos.5709 of 201Oand 33493of 2015 while considering} theselfsamesituationcategoricallyobservedthattheoffencesalleged against the^{petitioner therein cannotbe continued and quashed the} proceedings.^{The petitioneralso entitledto samerelief' henceprayed} for quash the^{proceedings against the petitioner'}

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6 I have^{perused the materials on record'}

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As^{per the prosecution,this offence said to have been} committed^{by the petitioner is cheating and violation of Sections 7 and} 8 of the^act.

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S.SectionsTandSoftheactcontemplatethatanyperson contravenes^{with the production,supply'distribution and tradeof} essential^{commodities or abatement in this regard is punishable' As} per the prosecution,^{the petitionerhas procured PDS rice from the} beneficiaries^{after supply from the dealer' The situation does not} amount either^{intervening with the supply or distribution or trade of the} PDS rice, as the^{material rice had reached the beneficiary-' r}

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l.'7 R.J CR1..P. N('.7044^{ol 2D5}

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That apart, thelre^{is no averment indicatingthat the petitioner.in} any way deceptively^{induced the beneficiariesto part with the supplied} PDS rice or and^{beneficiary entrustedthe PDS rice purohasedby him} with the^{petitioner and he dishonestly misappropriated or convertedhis} ownuseoruseditinviolationofalawfuldirectionorcontract.lnthe absence of essential^{factors, on the face of prosecuton this Court} finds it fit case^{to exercise the jurisdiction under section528 of BNSS'} Further,thisCourtinCrl.P.No.l3T5Bof20lBaCoordinatebenchof this court has^{considered identicalcasefacts and drawn similar} conclusions. Thus,^{continuance of proceedings against the petitioner is} found abuse of Process.

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lO.Fortheaforesaid,thispetitionisallowedandtheproceedingsin C.C.No.5B3 of^{2024 pending on the file of the learnedAdditional} Judicial First class^{Magistrateat Mahabubabad Distrirl, against the} petitioner/accused, are hereby^quashed.

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Miscellaneous etitions, pe ndin if any, shall stancl^closed.

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SD/. A.V.S.PRASAD DEPUW^REGISTRAR

/TTRUE^COPY//

SECTION^OFFICER

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