Telangana High Court
Mohammed Azhar vs The State Of Telangana on 31 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.4693 of 2026
Date: 31.03.2026
Between:
Mohammed Azhar and another
...Petitioners
AND
The State of Telangana,
Rep. by the Public Prosecutor,
Telangana High Court,
Hyderabad and another
...Respondents
ORDER
This Criminal Petition has been filed by the petitioners/accused Nos.2 and 3 seeking to quash the proceedings in C.C.No.10881 of 2024, on the file of the VII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad.
2. Heard Mr.M.W.R.Jayakar, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents.
3. The specific allegation against the petitioners/accused Nos.2 and 3 is that they have procured PDS rice from the beneficiaries at 2 cheaper rate to sell the same for profit and on 08.07.2024, the petitioners were found in possession of 16.80 quintals of PDS rice.
4. Learned counsel for the petitioners would submit 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.No.5709 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 petitioners are also entitled to the same relief and hence prayed to quash the proceedings against the petitioners.
5. The learned Additional Public Prosecutor submits that as per prosecution, the offences said to have been committed by the petitioners is cheating and violation of Section 7 of the Essential Commodities Act, 1955 (for short '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 3 essential commodities, 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 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.10881 of 2024, on the file of the VII Additional Chief Metropolitan Magistrate at Nampally, Hyderabad, against the petitioners/accused Nos.2 and 3, are hereby quashed.
4
Pending miscellaneous applications, if any, shall stand closed.
____________________________ JUSTICE J. SREENIVAS RAO 31.03.2026 Note: Issue CC in a week b/o vsl