Telangana High Court
Kunchepu Ramesh vs The State Of Telangana on 30 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.4568 of 2026
Date:30.03.2026
Between:
Kunchepu Ramesh and two others
...Petitioners/Accused Nos.1 to 3
AND
The State of Telangana, through the Public Prosecutor,
High Court of Telangana, at Hyderabad and another.
...Respondents
ORDER
This Criminal Petition has been filed seeking to quash the proceedings in C.C.No.609 of 2018 on the file of the Principal Junior Civil Judge cum Judicial Magistrate of First Class, at Wanaparthy, Wanaparthy District, wherein the petitioners were arrayed as accused Nos.1 to 3, for the offences punishable under Sections 406 and 420 read with 34 of the Indian Penal Code, 1860 (for short 'IPC') and Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act').
2
2. Heard Mr. K. Rathanga Pani Reddy, learned counsel appearing for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for respondent No.1.
3. The specific allegation against the petitioners/accused Nos.1 to 3 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for wrongful gain and that on 10.06.2018 at about 21:00 Hrs, the petitioners were found in possession of 46 bags of PDS rice containing 50 kgs each.
4. Learned counsel for the petitioners submits 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, even taken at their face value cannot be sustained against the petitioners. Further, this Court, in Crl.P.Nos.5709 of 2019 and 3349 of 2015, 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 petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners. 3
5. The learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7 of the EC Act and requested to pass appropriate orders.
6. Section 7 of the 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.
7. A Coordinate Bench of this Court in Crl.P.No.7227 of 2025 has considered the identical facts and observed that:
"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".
8. 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 4 applying the same analogy and to quash the proceedings against the petitioners herein.
9. Accordingly, the Criminal Petition is allowed and the proceedings in C.C.No.609 of 2018 on the file of the Principal Junior Civil Judge cum Judicial Magistrate of First Class, at Wanaparthy, Wanaparthy District, are hereby quashed.
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE J. SREENIVAS RAO Date: 30.03.2026 ggd