1. This Criminal Petition is filed under Section 528 Bharatiya Nagarik Suraksha Sanhita (for short ‘BNSS’) by the petitioner/accused seeking to quash the proceedings against him in Crime No.621 of 2024 on the file of Bodhan Town Police Station, Nizamabad District, registered for the offences under Sections 348(4) of BNS and Section 7 of the Essential Commodities Act, 1955.

2. Heard Mr. G. Raghu, learned counsel for the petitioner and Mr.Jitendar Rao Veeramalla, learned Additional Public Prosecutor appearing for the respondent Nos.1 and 2.

3. Learned counsel for the petitioner submits that the specific allegation against the petitioner is that he has procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and he was found possession of 50 bags (20 quintals) of PDS rice.

4. Learned counsel for the petitioner 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 petitioner for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the petitioner. Further, this Court in Crl.P.No.5709 of 2019 and 3349 of 2015 while considering the same situation, categorically observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings. The petitioner is also entitled to the same relief and hence prayed to quash the proceedings against the petitioner.

5. The learned Additional Public Prosecutor submits that as per prosecution, the offence said to have been committed by the petitioner is cheating and violation of Section 7 and 8 of the Essential Commodities Act, 1955 and requested to pass appropriate orders.

6. Section 7 and 8 of the Essential Commodities 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 petitioner has 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 petitioner herein.

9. Accordingly, the Criminal Petition is allowed and the proceedings in Crime No.621 of 2024 on the file of Bodhan Town Police Station, Nizamabad District, against the petitioner- accused, are here by quashed.

Miscellaneous petitions, pending if any, shall stand closed.