Tapala Dhanunjay vs The State Of Telangana
2026 Latest Caselaw 205 Tel

Telangana High Court

Tapala Dhanunjay 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.4664 of 2026

                          Date: 31.03.2026

Between:

Tapala Dhanunjay and two others
                                                        ...Petitioners
                               AND

The State of Telangana,
Rep. by its Public Prosecutor,
High Court for the State of Telangana,
Hyderabad and another
                                                     ...Respondents

                             ORDER

This Criminal Petition has been filed by the

petitioners/accused Nos.1 to 3 seeking to quash the proceedings in

C.C.No.940 of 2024, on the file of the Junior Civil Judge,

Thungathurthy.

2. Heard Mr.K.Vishnu Kanth, learned counsel for the

petitioners and Mr.Jithender Rao Veeramalla, learned Additional

Public Prosecutor 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 profit and on 25.03.2024, the

petitioners were found in possession of 65 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

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.940 of 2024, on the file of the Junior Civil

Judge, Thungathurthy, against the petitioners/accused Nos.1 to 3,

are hereby quashed.

Pending miscellaneous applications, if any, shall stand

closed.

____________________________ JUSTICE J. SREENIVAS RAO

31.03.2026 Note: Issue CC in a week b/o vsl