Pokkula Sridhar v. The State Of Telangana, Through S.H.O. Palavancha Town Police Station,

t 33031 tN THE H]GH COURT FOR THE STATE OF TELANGANA AT WEDNESDAY, THE SEVENTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS SrIII-Tl N NO: 88 vfn

1. Pokkula Sridhar, S/o.Pullaiah, Aged 45 years, Occ. Lorry Owner and Driver, R/o. H.No.3-99/1/1, Gudibanda, Kodad Mandal, Suryapet Dishict, Telangana506101 .

2. Sriram Narasimha Rao @ Sreeram Narasimha Rao, S/o.Janardhan, Aged 60 years, Occ. Business, R/o.H.No.6-2-99/3, Advocate Colony, Mahabubabad, Mahabubabad District, Telangana-506101.

3. Garepalli Radhrakrishna @ Garripalli Radha Krishna, S/o.Venkat Ramulu, Aged 52 years, Occ. Business, R/o. 1-4-96/1, Yellandu Road, Surya Kalamandir, Mahabubabad, Mahabuababd District, Telangana-5061 01.

4. Jangala Sadashivudu, S/o.Virabadraiah, Aged 51 years, Occ. Business, R/o.2-88, Jamandlapally, Mahabubabad District, Telangana-506101 Petitioners/Accused Nos.1 to 4 AND

1. The State of Telangana, through S.H.O. Palavancha Town Police Station,, Khammam District (Presently Bhadradri Kothagudem District)' rep. by its Public Prosecutor, High Court for the State of Telangana at Hyderabad.

2. Bheemavarapu Bhagavan Reddy,, S/o. Rangareddy, Aged 43 years, Occ. Deputy Tahsildar (Civil Supplies), R/o.Paloncha ...ResPondents/ComPlainant 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 c.c.No.385 of 2016, on the file of the lll Additional Judicial Magistrate of First Class, at Bhadradri Kothagudem against the Petitioners/Accused Nos.1 to 4. I.A. N 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 fu(her proceedings against the Petitioners/Accused Nos.1 to 4 in C.C.No.385 ot 2016, on the file of the lll Additional Judicial Magistrate of First Class , at Bhadradri Kothagudem, pending disposal of the present Criminal Petition.

This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Arvapalli Shiva Sainath, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondent No.1 and none appeared for the Respondent No.2.

The Court made the following: ORDER

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IN THE HIGH COT]RT F'OR THE STATE OF TELANGANA

AT HYDERABAD THE HONOURABLE SRI JUSTICE J.SREENIVAS RAO CRIMINAL PETITION No.8866 of 2026 Date: 17.06.2026 Between:

Pokkula Sridhar and 3 others .Petitioners AND The State of Telangana and another .Respondents

ORDER

This Criminal Petition has been filed by the petitioners/accused Nos.l to 4 seeking to quash the proceedings in C.C.No.385 of 2016, on the file of the III Additional Judicial Magistrate of First Class at Bhadradri Kothagudem. 2.

Heard Mr.A.Shiva Sainath, 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.l to 4 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 07.08.2016, the N

petitioners were found in possession of 420 bags of PDS rice totalling 2 1 0 quintals.

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 Sections 7 and 8 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

ffiElHIS-::78EW 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: t \ "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 pros ecution, this Court finds it to be afit case to exercise the jurisdiction under Section 528 of BNSS, 202i. Thus, continuance ofproceedings 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 applylng 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.385 of 2016, on the file of the III Additional Judicial Magistrate of First Class at Bhadradri Kothagudem, against the petitioners/accused Nos.l to 4, are hereby quashed.

Pending miscellaneous applications, if any, shall stand closed.

SD'- P.C.SULEKHA DEVI ASSISTANT REGISTRAR //TRUE COPY// -( SECTION OFFICER To,

1. The ll Additional Judicial Magistrate of First Class at Bhadradri Kothagudem

2. The Station House Officer, Palavancha Town Police Station, Khammam

3. Two CCs to Public Prosecutor, High Court for the State of Telangana at Hyderabad [OUT]

4. One CC to Sri Arvapalli Shiva Sainath, Advocate [OPUC]

5. Two CD Copies ABK/KA

HIGH COURT DATED: 1710612026 HE SI4 (-) 2 3 JUil 2026 zo CRLP.No.8866 of 2026 * :fALLOWING THE CRIMINAL PETITION @ t b b a