Yerram Srinivas v. The State of Telangana,
Court: High Court for State of Telangana
Bench: TIRUMALA DEVI EADA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-01-06. Yerram Srinivas v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
I 3444 l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITIO N NO: 5 OF 2026 BETWEEN: 1. Yerram Srinivas, S/o. Pandari, Age 50 years, Occ: Business, R/o. H. No. 5-6- 338/1, NGO's Colony, Kamareddy Town and Mandal, Kamareddy District, Telangana State. 2. Syed Nasiroddin, S/o. Muniroddin, Age 69 years, Occ: Driver, R/o. H,No. 6- 49/'165, Beedi Workers Colony, Kamareddy Town and District, Telangana State. .. Petitioners/Accused No. 1 and 2 AND 1 The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Telangana. 2 Y Kistaiah, S/o. Narsaiah, Age 55 years, Occ: Dy. Tahasildar (CS), Kamareddy Mandal, Fl/o. Kamareddy Town and Mandal, Kamareddy District, Telangana State. ..
Respondents Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petitton, the High Court may be pleased to pleased to quash the proceedings in CC No. 506 of 2023 on the file of the Principal Judicial Magistrate of First Class at Kamareddy in so far as Petitioners/Accused No. 1 and 2. t. A. NO: 20F 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 No. 1 and 2 in CC No. 5O6 oI 2023 on the file of the Principal Judicial Magistrate of First Class at Kamareddy pending disposal of the main criminal petition and pass such other order or orders as this Hon'ble Court may deem fit and proper in the interest of justice.
This Petition coming on for hearing upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Alluri Divakar Reddy, Advocate for the Petitioners and Jitender Rao Velamalla, the learned Additional Public Prosecutor on behalf of the Responc[ nt No. 1 and None appeared for Respondent No. 2 The Court made the following: ORDER r.! ry IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No. 05 of 2026 DATE OF ORDER:- 06. 01. 2026 Between: Yerram Srinivas, S/o. Pandari, R/o. Kamareddy District & another Petitioners/Accused Nos. 1 & 2 AND The State of Telangana rep. by its Public Prosecutor, High Court at Hyderabad & another. . . Respondents ORDER 1. This Criminal Petition is filed under Section 528 of Bharatiya Ndgarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioners/accused Nos. 1 & 2 in C. C. No.
506 ot 2023, on the file of the learned Principal Judicial Magistrate of First Class at Kamareddy, registered for the offences punishable under Section 420 ot IPC and Section 7 of Essential Commodities Act, 1955 2. Heard Sri Alluri Divakar Reddy, learned counsel for the petitioners/accused Nos. 1 & 2 as well as Sri J itender Rao I ETD,] Crl. P. No. 05 2026 Veeramalla, the learned Additional Public Prosecutr> appearing for the respondent No. 1- State. 3. The specific allegation against the petrtione r ; is that they procured PDS Rice from rural people at lowest price for selling the same at higher price and on 15. 07. 2023 at 06: )0 hours, the petitioners were found in possession of 196 plastic bags of PDS Rice weighing about 74 10 Qurntals. 4. Learned counsel for the petitioners would fur.
l er submit that without there being any complaint from any beneficirl y alleging that the Rice was procured deceptively or with a criminal i rtent, charging the petitioners for prosecution is untenable and r lproper. The allegations Ieveled against the petitioners cannol be sustained. Further, this Court in Crl. P. Nos. 5709 of 2019 and I 3493 of 2Q15, while considering the same situation, categorically oll ,erved that the offences alleged against the petitioner therein cann: be continued and quashed the proceedings. The petitioners l-t rein are also entitled to the same relief and hence prayed o quash the proceedings against the petitioners. 5. The learned Additional Public Prosecutor has ;ubmitted that as per prosecution, the offences said to have been co rmitted by the E*+-1t8r! fi7 4. # { / rr0l rn. P. No 05 2025 petitioners is cheating and violation of Sections 7 and B of the i Essential Commodities Act, 1955 and hence requested to pass I i appropriate orders 6.
Perused the material available on record 7. Sections 7 and 8 of the Essential Commodities Act I contemplate that any person contravenes I with the production. 1 supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioners herein had procured PDS Rice from the beneficiaries after supply from the dealer. 8. A Coordinate Bench of this Court in Crl. p. No. 722l of 2025 has t considered the identical facts and observed that:- "There is ho averment indicating that the petitioners in any way deceplively induced the beneficiaries to paft with pDS the supplied rice or the beneficiary entrusted lhe pDS rice purchased by them with the petitioners and they dishones y misappropriated or convefted to their own use or used it in violation of a laviul direction or contract.
ln the absence of essential factors, on the face of prosecution, this Couft finds it to be a fit case to exercise the junsdiction under Section 528 of B/VSS, 2023. Thus, continuance of proceedings against the petitloners is abuse of process of law. " EIO] Crl. P No. 05 2025 9. The facts and circumstances of the preserr' case also are similar to those in the above case and hence, this Cr urt finds it to be a flt case to exercise jurisdrction under Section 52tt of BNSS, 2023 by applying the same analogy and to quash the pro::edings against the petitioners herein 10. Accordingly, the Criminal Petition is all< wed and the proceedings against the petitioners/accused l,l ts. 1 & 2 in C. C. No. 506 of 2023, on the file of the learned t) incipal Judicial Magistrate of First Class at Kamareddy, are hereby 11 rashed. 11. [Vliscellaneous petitions pending, if any, shall s I tnd closed SD/- B REKHA RANI S!
ISTANT REGISTRAR I '-----'/ //TRUE COPY// \ ssclot't oFFtcER To, 1 The Principal Judicial Magistrate of First Cfass\ Kam: eddy 2 The Station House Officer, Kamareddy Police Station. J Two CCs to Public Prosecutor, High Court for the Statr: cf Telangana, at Hyderabad [OUT] 4 One CC to Sri Alluri Drvakar Reddy, Advocate [OPUC] 5 Two CD Copres Bto** I HIGH COURT DATED:06/0'l/2026 _-a THE 7;6t S 14 '< ( - /_ | :,) )... . ) j. ', : ) ORDER ? t 6 ! :f I /l]16 CRLP. No. S ot 2026 ,:+ . * * oA ALLOWING THE CRLP
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