Telangana High Court
Mangal Singh vs The State Of Telangana on 25 March, 2026
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO
CRIMINAL PETITION No.17869 of 2025
Date: 25.03.2026
Between:
Mangal Singh and two others
..Petitioners
AND
The State of Telangana,
Rep. by its Public Prosecutor,
High Court for the State of
Telangana, Hyderabad and two others
...Respondents
ORDER
This Criminal petition is filed by the petitioners/accused Nos.1 to 3 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS, 2023') seeking quashment of proceedings in Crime No.274 of 2025 of Palakurthy Police Station, Jangaon District, for the offences punishable under Sections 318(4) r/w 3(5) of the Bharatiya Nyaya Sanhitha, 2023 (for short 'BNS') and Sections 7 and 8 of the Essential Commodities Act, 1955 (for short 'EC Act'). 2
2. Heard Mr.K.Vishnu Kanth, learned counsel for the petitioners and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent No.1-State.
3. Learned counsel for the petitioners submits that the specific allegation against the petitioners is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 22.12.2025, the petitioners were found in possession of 187 quintals of PDS rice.
4. Learned counsel for the petitioners would further 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 on their face value cannot be sustained against the petitioners. Further, this Court in Crl.P.Nos.5709 of 2019 and 33493 of 2015 while considering the same situation, categorically observed that the offences alleged against the petitioners 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.
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. Perused the material available on record.
7. 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.
8. 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 petitioners 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 petitioners 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 petitioners is abuse of process of law."4
9. 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.
10. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.274 of 2025 of Palakurthy Police Station, Jangaon District, against the petitioners/accused Nos.1 to 3, are hereby quashed.
Miscellaneous petitions, pending if any, shall stand closed.
____________________________ JUSTICE J. SREENIVAS RAO 25.03.2026 vsl