Allowed

Mallarapu Narendhar v. The State of Telangana

Telangana HC8 Sept 2026CRLP/14501/2026

Case brief

AI extract

What is this about?

The High Court of Telangana allowed a criminal petition filed by Vallarapu Narendhar seeking to quash proceedings. Citing identical facts found in Crl.P.No.7221 of 2025 and the absence of essential factors for prosecution, the Court exercised jurisdiction under Section 528 of BNSS to quash the criminal case.

What did the court decide?

The criminal proceedings in CC No. 429 of 2025 filed against the petitioner in the Judicial Magistate Court were quashed.

Mallarapu Narendhar Vs The State of Telangana — Telangana HC (2026) — LawSathi Research

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[³³⁰³ ]

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IN THE HIGH COURT FOR THE STATE^{OF TELANGANA} AT HYDERABAD

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TUESDAY, THE EIGHTH DAY^{OF SEPTEIMBER} TWO THOUSAND AND TWENTY SIX

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PRESENT

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THE HONOURABLE SRI JUSTICE J SREENIVAS^RAO

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CRIMINAL PETITION NO: 14501 OF 2026

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Between:

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lVallarapu Narendhar, S/o. Vittalaiah, Age. 5B years, Occ. Bustness,^R/o Kathalapur Village and N/landal, Jagtial Drstrict, Telangana State.

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...Petitioner/Accused

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AND

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The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Telangana.

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Kukatla Umapathr, S/o. Ramachandram, Age. 51 Years, Occ. Deputy Tahsiidar (CS) Korutla, R/o. Korutla Mandal, Jagtial District, Telangana State.

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...Respondents

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Petition under Section 528 of B.N.S.S. praying that in the circumstances stated in the A/emorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC No. 429 of 2025 on the file of the Judicial L4agistrate of First Class at Korutla, Jagtial District in so far as petitioner/Accused.

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l.A. NO: 2OF 2026

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Petition under Sectron 528 of B.N.S.S. praying that in the circumstances stated in the lVlemorandum of Grounds of Crrminal Petition, the High Court may be pleased to grant stay of all further proceedings against the petitione r/Accused in CC No. 429 of 2025 on the file of the Additional Judicial [/agistrate of First Class at Korutla, Jagtial Drstrict pending disposal of the main cnminal petition

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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 Alluri Divakar Reddy, Advocate for the Petitioner and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1. and none appeared for the Respondent No.2.

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The Court made the following: ORDER

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IN THE HIGII CO URT FOR THE STATE OT'TELANGANA AT HYDERABAD

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THE IIONOURABLE SRI JUSTICE J.SREIINIVAS RAO

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CRIMINAL PETITION No.1450I of 2026

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CNIt No. : HBIIC010606982026

Date: 08.09.2026

Between:

M allarapu Narendhar

...Petitioner

AND

The State of'lelangana and another

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.Respondents

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ORDER

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This Criminal Petition has been filed bv the

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petitioneri accused seeking to quash the proceedings in C.C.No.429 of 2025 on the tlle of the learned Judicial Magistrate of First Class

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at Korutla. Jagtial District

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Heard Mr.Alluri Divakar Reddy, learned counsel for the petitioncr and Mr.Jithender Rao Veeramalla, leamed Additional Public Prosecutor tbr respondent No.1

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-1.^{The specific allegationagainstthe petitioner,'accusedis that}

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he has procured PDS rice from the benehciaries at cheaper rate to setl tlre same firr profit and on 19.07.2025, the petitioner was lbund in possession.ot l3 quintals of pDS rice.

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Learned counsel for the petitioner would submit^that without there being any complaint from any^{beneficiary, alleging} that the rice was procured deceptively'or with^{a criminalintentand} charging the petitioner for^{prosecutionis untenableand improper.} The altegations, even taken at his face^vaiue cannot^{be sustained} against the petitioner. Further, this Court, in Crl.P.No.5109 of 2019, while considering the same situation, categorically observed that the offences alleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The^petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

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The leamed Additionat Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioner is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders.

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Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities, is punishable. As per the^prosecution, the petitioner has procured PDS rice from the beneficiaries after supply li:cm the dealer

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A Coordinatc Bench ol- this Courr in Crl.p.No.722i of

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2025 has considered the identical facts and observed that

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''There i: tlt) u'(rn?nt indicating that th(t p(,titioner in any wuy Llecclttttel tttLlu,-e,Li thr beneficiaries k) part y,ith the tpplied pDS rir:e rtr rhe l,ett.liciary ttrnrsted the PDS rice purchased by tltem virh the petidontr,utd tltey dishonestly misappropriated ,tr cr_tn,t.erted to their otrn u\t o] u.sed it in t,iohtion of u laful drrLtction or cantrect. ln the ubsen.\ o.i essantiol fatturs on the face of prosecution, this, Court Jintls it to ba ttJii cct.\c to a\ercisc thcjurisdictktn uncler Section 52g ofBNSS, 202-1. I hut, conrinttance of'proceadings ogoinst the petihoner is ttbttse ofpro<:ass of low

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The lacts and circumstances of the prcsent case also similar

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to those in the abovc case and hence, this Court finds it to be a fit case to e\ercise jurisdiction under Section 528 of BNSS by applyin-q thr: same analogy and to quash the proceedings against thc petitioner herein.

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Accordingly, the Criminal Petition is allowed and the proceedines in^('.C.No..129 of 2025 on the llle of the learned Judicial Magistrate o1' First Class at Korutla, Jagtial District. against the petitioner/accused. are hereby quashed.

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Pending miscellaneous applications, if an1,, shall stand

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closerl

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SD/. P.C.SULEKHA DEVI ASSISTANT REGISTRAR

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/t'

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IITRUE COPYII

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SECTION OFFICER