Vadaviaya Irfan Bahi v. The State Of Telangana
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IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENW FIVE :
PRESENT .
.
THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA GRIMINAL PETITION NO: 17910 OF 2025 Between driver, Rl/o
1. Vadaviaya lrfan Bahi, S/o lsmail Bhai,age. 39 yearc, H.no4, Wankaner colony, Raja vadla village,lvlorbi Mobile No.9429978688(d river)
2. Chawa Bhaskar, S/o Chawa Gopal, age. 49 yearc, Occu,Rice business, R/o H.no 17-1-391111149, Saraswathi nagar, Saidabad,Hyderabad, cell 998971 8928 (rice supplier) state, ...PETITIONER/ACCUSED NOs. 1 & 2 NNTI)
1. The state of relangana, (s.H.o.Medchal police station) Cyberabad. Rep.by Public Prosecutor, High oi Judicature at Hyderabad :
2. P..srgqpg! s/o r1o! mentioned in FlR, Age._mq!or, occu,Deputy Tahasitdar, o/o DSCO, Medchat Markajgiri Mobiie io.gi66saotss . RESPO ND ENTrcOM PLAI NANTS Petition under section 528 of.BNgs_ praying that in the circumstances stated in the Memorandum of Grounds or crirninii p"tition, the High court may be pteased to euasr-t_ne frolJiyn-r^1s^1,Gi th"letitioners No s 1 and 2 herein srfl[*?'e37 of 2025, b;bd.L-10-iozs;; t# fire of s.Ho. p.s. Medchar, l.A. NO: 2 OF 2025 Petition under section szo 9r. BNss -praying that in the circumstances stated in the Memorandum of crorro, or cri[rii'ai-l"tition,.tne High court may be pleased to stav all furtheio.ofl"ainsr "g"ir;illggl petitioners/iccused no s l.:ili.:,jl .T[,lH;147 ;;br;:;",i;?;.0:;025 on n" iL of s Ho This Petition coming on for- hearing, upon perusing the Mernorandum of Grounds of criminat petition ,ng upon -hearing the arguments of sri DAsr RAMESH, Advocate for the petitioner and sri. iiti"-nol."il"l"i)oramara the Additionar pubricfrosecutor ('cl on beharf of the Respondent No.1 and none appeared for the Respondent No; 2.
"'v r\sDPL'IruenI No The Court made the following: ORDER
() rN THE HtcH COURT FOR THE STATE OF AT HYDERABAD THE HON'BLE SMT. JUSTICE T]RUMALA DEVI EADA DATED :31.12.2025 Between:
Vadaviaya lrfar Bahi and another.
Petitioners AND The State of Telangana, (S.H.O. Medcha! Police Station), byberabad, rep., by Public Prosecutor, iifin .nrrt of iudicature at Hyderabad and another Respondents :: ORDER::
ThisCriminalpetitionisfiledbythepetitioners/accusedNos.l and2,underSectionS2SofBharatiyaNagariksurakshaSanhita' 2023(forshort.BNSS,zoz3,\seekingquashmentofproceedingsin FlRNo.g3Tofzozs,onthefileoftheS.H.o.MedchalPoliceStation' Cyberabad,registeredfortheoffencesunderSections3ls(a)of BharatiyaNyayaSanhita,zozg(forshort.BNS,)andSectionT.ofthe Essential Comrnodities Act' 1955'
EIO) CtlP.l&..r79t0-NA 2.
Heard Sri Dasi Ramesh, learned counsel for the petitioners as well as Sri 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 P,DS rice from the beneiciaries at cheaper rate to sell the same for profit and on 14.10.2025 at about 07.20 hrs, the petitioners were found in possession of 35 tones PDS rice.
4.
Leamed 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.570g of 2o1g and 33493 of 2o1lwhile 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- e {he learned Additionat pubric prosecutor submits that as per prosecutign, the offences said to have been committed by the
l1D) petitioners is cheating and violation of Sections 7 and 8 of the Essential Commodities Act, 1955 and requested to pass appropriate orders.
6.
Penrsed the material available on record.
7.
Sections 7 and 8 of the Essential Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abetment 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 ot 2025 \ I I has considered the identical facts and observed that: "'[here is no averment indicating that the petitioners in any wal, deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS :nce purcfaged by them with the petitioners and they dishonestly misapfrcpriated or oonverted to their own use or used it in violaf'ron of a lawful direction or contract. ln 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."
Eto) oti.w.tnro-Pt O 9.
The facts and ciroumstances of the o':** ** :t:
similar tothoseintheabovecaseandhence,thisCourtfrndsitto.6eafit case to exercise iurisdiction under section 52g of BNS' by applying thesameanalogyandtoquashtheproceedingsagarnstthe petitioner heretn'
10. Accordingly' the Criminal Petition is L"- proceedings in FIR No'9 37 of z[t|dated 1410 2025' on th"]ttof the S.H.O., Medchal Police Station' Cyberabad' against the 1 and 2, ateherebY quashed'
{s i f "t iJ if anY, shall stand clo-sed' - - Sd/. U. SUDHA ASSISTANT REGISTRAR . .ii t \ //TRUE COPY// SEGTION OFFIGER To, 1.
The lX Additional Metropolitan Magistrate at Medchal, Medchal Malkaigiri The s.H.o.Medchal Police station, cyberabad commisionerate, Medchal 2.
Malkaiqiri District.
i;; CCr--t" pUgriC inbSeCUrOn, n6ht Court fbr the State of Telangana 3.
4.
at Hyderabad [OUTI Two-CD CoPies 5.
Pk/ba
ti I HIGH COTJRT I I ) DATED 31t12t2025 CRLP.No. 1T910 of 2O2S I CRIMINAL PEITITION IS ALLOWED.
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