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Telangana High Court
Prakash Kumar 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.17867 of 2025
Date: 25.03.2026
Between:
Prakash Kumar 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.275 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. 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.
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."
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.275 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
