Hanmanolla Krishna Reddy, v. The State Of Telangana,
[ 33031
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD FRIDAY, THE TWELFTH DAY OF JUNE TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SRIJUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 8538 OF 2026 Between:
1. Hanmanolla Krishna Reddy, S/o. Shiva Reddy, Age. 34 years, Occ. Driver, Rl/o. Anthwar Village, Doulatabad Mandal, Vikarabad District, Telangana State-509336.
2. Paramati Buggappa, S/o. Pakirappa, Age. 42 years, Occ. Business, Rl/o. Laxrnipally Viltage, Kodangal Mandal, Vikarabad District, Telangana State509338.
3. Uppu Venkatesh, S/o. Shivanna, Age. 39 years, Occ. Business, F/o. H.No.1-71lB, Anthwar Village, Doulatabad Mandal, Vikarabad District, Telangana State-509336.
...Petitioners/Accused No.l to 3
AND
1. The State of Telangana, Rep. by the Public Prosecutor, High Court' at Hyderabad for the State of Telangana.
2. T. Venkataiah, S/o. Anantaiah, Age. 47 years, Occ. Dy. Tahsildar (DCSO), FUo. Shankarpally Post and Mandal, Rangareddy District, Telangana State501 101 .
...Respondents
Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to quash the proceedings in cc No. 28 of 2023 on the file of the Principal Judicial Magistrate First Class at Tandur in so far as petitioners/Accused 1 to 3. l.A. NO: 2OF 2026 Petition under section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of criminal Petition, the High court may be pleased to grant stay of all further proceedings against the petitioners/Accused 1 to 3 in cc No. ZA ot ZO2S on the file of the Principal Judicial Magistrate First Class at Tandur for pending disposal of the main criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri G. Basappa, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor on behalf of the Respondents.
The Court made the following: ORDER
IN THE HIGH COURT F'OR THE STATE OF TELANGANA
AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8538 of 2026 Date: 12.06.2026 Between:
Hanmanolla Krishna Reddy and two others ..Petitioners AND The State of Telangana, and another Respondents
ORDER
This Criminal Petition has been filed by the petitioners/accused Nos.l to 3 seeking to quash the proceedings in C.C.No.28 of 2023, on the file of the Principal Judicial Magistrate First Class at Tandur 2.
Heard Mr.G.Basappa,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.l to 3 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 3I.10.2022, the petitioners were found in possession of 40 quintals of PDS rice.
4.
Leamed 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 leamed 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 Cr1.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 tu 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 essentialfactors, on theface of prosecution, this CourtJinds it to be afit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance ofproceedings against the petitioner is abuse of process of taw".
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.28 of 2023, on the file of the Principal Judicial Magistrate First Class at Tandur, against the petitioners/accused Nos.l to 3, are hereby quashed. Pending miscellaneous applications, if any, shall stand_9losed. SD/- A. H.S.GOWRI SHAN KAR ASSISTANT REGISTRAR //TRUE COPY// ECTION OFFICER i l I J lo
1. The Principal Judicial Magistrate First Class at r
2. The station House officer, Yalal Police station, Vikarabad District.
3. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad tourl I 9n" 99lo Sf G. Basappa, Advocate [oPUC] +0
HIGH COURT DATED: 1210612026 1$E STArei q5oo 2 2 JtlI{ 2026 o .b t , r0 .-..:..:-..-
ORDER
GRLP.No.8538 of 2026 ALLOWING THE CRIMINAL PETITION ae blat