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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
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:
"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
