Telangana High Court
Azha @ Md Azhar vs The State Of Telangana on 1 April, 2026
HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO
CRIMINAL PETITION No. 4739 of 2026
DATE: 01.04.2026
Between :
Azha @ MD. Azhar and two others
....Petitioners/Accused Nos.5, 8 and 10
AND
The State of Telangana,
Rep. by the Public Prosecutor,
Telangana High Court, Hyderabad
and another
....Respondents
:ORDER:
This Criminal Petition has been filed under Section 528 Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') by the petitioners/accused Nos.5, 8 and 10 seeking to quash the proceedings in C.C.No.2091 of 2025 on the file of the VII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, for the offences under Section 318(4) read with 3(5) of the Bharatiya Nyaya Sanhita, 2023, and Section 7(1) of the Essential Commodities Act, 1955 (for short, 'EC Act').
2. Heard Mr. M.W.R. Jayakar, learned counsel for the petitioners, and Mr. Jithendar Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1 State.
3. Learned counsel for the petitioners submitted that the specific allegation levelled against the petitioners is that they procured PDS rice 2 from the beneficiaries at a cheaper rate in order to sell it for profit and that they were found in possession of 17.56 Quintals of PDS Rice. 3.1. He further submitted that without there being any complaint from any beneficiary alleging that the rice was procured deceptively or with a criminal intent and charging the petitioners for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioners. Further, this Court in Crl.P.No.5709 of 2019 and 3349 of 2015, while considering the same situation, categorically observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings. The petitioners are also entitled to the same relief and, hence, prayed to quash the proceedings against the petitioners.
4. The learned Additional Public Prosecutor submitted that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of EC Act and requested to pass appropriate orders.
5. Section 7 of EC Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities in this regard, is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer.
6. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that: 3
"There is no averment indicating that the petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or contract. In the absence of essential factors, on the face of prosecution, this Court finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioner is abuse of process of law".
7. The facts and circumstances of the present case also similar to those in the above case and hence, this Court finds it to be a fit case to exercise jurisdiction under Section 528 of BNSS by applying the same analogy and to quash the proceedings against the petitioners herein.
8. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.2091 of 2025 on the file of the VII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, against the petitioners/accused Nos.5, 8 and 10, are hereby quashed.
Miscellaneous applications, pending if any, shall stand closed.
______________________ J.SREENIVAS RAO, J Dt:01.04.2026 Note:
Issue C.C. in a week.
mar