Kota Narasimha Rao, Vs State of Telangana

1 Kota Narasimfa Rao, S/o K. Radha Krishna lVlurthy, Age 36 years, Occ Business, R/o H.No. 3-82, Near Shivalayam, pedavadlapudi, GIntur Ditrict , State Andhra Pradesh-5223O2

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Damurr Sura1 Dasharath Jadhav,, S/o Dasharath Jadhav, Aged 25 years, Occ lorry

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^{dnver, R/oDamuri Village,Basavakalyan[Vlandal,Bidar District, KarnatakaState}

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1. Darnuri Vikas Dasharath Jadhav,. 5/6 Dasharath Jadhav. Aged 29 years. belonging Occ lorry cleaner, R/o Da muri Village, Basavakalyan^-tt/andal, Bidar Disiiic( Karnataka State

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...PET|T|ONERS/ACCUSEDS

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AND

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i 9lgtg^{ol Telangana, R.p,.Py its Pubtic Prosecutor High Court of Tetangana at Hyd.} 2 tvlD^ Mukthar, S/o Khaja Altavuddin, Aged 40 years, Mustim, Occ Dy T6ahasrldhir (CS), Peddavoora l\rlandal, R/o Devarakonda Town, Nalgonda Distiict

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...RESPONDENTS/COMPLAINANTS

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Petition under Section 528 of BNSS., praying that in the circumstances stated in the l/emorandum of Grounds of Criminal petition, the High Court may be pleased to QUASH the proceedings in Crime No. 02 of 2026 on the file of pS : Vijaypuri Town, Nalgonda against the Petitioner/ accused

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l.A. NO: 2 OF 2026

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Petition under Section 528 of BNSS, praying that in lhe circumstances stated in the fVemorandum of Grounds of Criminal Petitron, the High Court may be pleased to direct the Respondent to return the stock total 1,000 bags containing about 300 quintals of rice and Lorry No. KA 32 AA 0551 seized by the respondents in Crime No. 02 of 2026 on the file of PS Vijaypuri Town District Nalgonda, pending disposal of the above Criminal Petition,

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l.A. NO: 3 OF 2026

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Petition under Section 482 of Cr.P .C prayihg 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 in Crime No. 02 of 2026 on the file of PS Vijaypuri Town District Nalgonda, pending disposal of the above criminal petition

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This Petition coming on for hearing, upon perusing the lvlemorandum of Grounds of Criminal^petition 3nfl upon hearing the arguments of Sri C VIVEKANAND ,Advocate for the Petitioner and V, Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondent No.1 , and none appears for Respondent No. 2.

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The Court made the following: ORDER

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TN THE IIIGH COURT FOR THE STATE OF Il J[,ANGA NA AT HYDERABAD

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THE HONOURABLE SRI JUSTICE J.SREED ]'AS R{O CRIMINAL PETITION No.l761 of 2t t, 6,

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Date: tt.02.2026

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Between

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Kota Narasimha Rao and two others

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...Petitic rers/Accused

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AND

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The State of Telangana, Represented by its public prt ,t:cutor, High Court ofTelangana at Hyderabad and another

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lLespondents

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ORDER

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lhis Criminal Petition has been filed seekinrt r,) quash the proceedings in Crime.No.2 of 2026 of police Stari, n, Vijaypuri 'fown, Nalagonda, wherein the petitioners were arra),e I as accused, for the offence punishable under Section 318(a) of t Lr: Bharatiya Nyaya Sanhita,2023 (for shorl,^.BNS,) and Stxrc,n 7 of rhe Essential Commodities Act, 1955 (for short^.EC Acl,i

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2 Heard Mr. C. Vivekanand, leamed counsel ap1,t aring for tire petitioners and Mr. Jithender Rao Veeramalla, learne 1 Additional "/ Public Prosecutor appearing for respondent No.I . L

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2

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JSR, J Crlp_1761 2026

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learned counsel for the petitioners submitted that the petitioners have not committed any offence and they have been falsely implicated in the present crirne. Even according to the allegations made in the comptaint, the ingredients under Section 318(4) of BNS and Section 7 of,EC Acr are nor attracted against the petitioners on the ground that the petitioners have purchased the rice from Guntur, Andhra pradesh and they are transpo(ing the same to the State of Maharastra. The petitioners have produced the E-way bills to the Investigating Ofhcer. The Investigating Officer without taking into consideration the said E-way bilts registered the crirne against the petitioners. Hence, the continuation of the proceedings against the petitioners is a clear abuse of process of law.

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Per contra, the learned Additional public prosecutor submitted that whether the petitioners have committed the offence or not, the same has to be revealed during the course of investigation especially when the investigation is under progress. Thus, at this juncture, the petitioners are not entitled for quashment of proceedings against them.

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JSR, J (:rlp_t?61 2026

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I{aving considered the rival submissions tade by the respective parties and after perusal of the mate. rt placecl on record, rt reveals that the petitioners are claiming tlrt they have purchased the rice lrom Sri Lakshmi Venkateshwar.i (icc Working Company, Pedavacllapudi Villagc, Mangalagiri j.r ndal, Gunrur District, Guntur District, Andhra pradesh and the pt rtioners have also enclosed the copies of E_way bills of suppl., Hence, the ingredients for the offences under Section 3 l g(,1. of BNS or Section 7 of EC Act are not attracted. Hence, this ( r urt finds rt to be a fit case to exercise jurisdiction under Section 5I j of BNSS to quash thc proceedings against the petitioners.

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Accordingly, the Criminal petition is all r ved and rhe proceedings in Crime.No.2 of 2026 of police Stat on, Vijaypuri Town, Nalagonda, against the petitioners/accuse c are hercby quashed.

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Pending miscellaneous applications, if an I shall stand

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closed.

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To,

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1 The Judicial First Class Magistrate Court at Nida anoo r 2 The Station House Officer, Vijdypuri Town police Station, N: Igonda District. Ope QC to Sri C. Vivekanand , Advocate IOPUCI

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