Mekamalla @ Myakamalla Swarnakar v. The State of Telangana through S.H.O. P.S. Kamalapur,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-02-19. Mekamalla @ Myakamalla Swarnakar v. The State of Telangana through S.H.O. P.S. Kamalapur,. Read...
Judgment text
IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD , THURSDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND IWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION NO: 2243 OF 2026 Between: 1. lt/lekamalla Myakamalla Swarnakar, S/o. Narsaiah, Age 29 Years, Occ @ Driver, R/o- [Vlothkulagudem Village, Jammikunta lvlandal, Karimnagar District. 2. Junugari Junegari Venatesh, S/o. Bangari, Age. 34 Years, Occ. Coolie, @ R/o Ashoknagar, Sulthanabad, Peddapally District, 3, Thurpati Sailu Sai, S/o. Rajalingam, Age. 44 Years, Occ. Business, R/o @ Jammikunta [VIandal, Karimnagar District. ... Petitioner/Accused No's 1to 3 AND 1. The State of Telangana through S H. O. P. S Kamalapur, Warangal Police Commissionerate, Represented by Public Prosecutor, High Court at Hyderabad. ... Respondent No. 1 2. R. Gopal Reddy, ASI- 725, P. S. Kamalapur, Hanumakonda District. ... Respondent No.
2/Defacto-Complainant Petition under Section 528 of BNSS prayrng that in the circumstances stated in the lVlemorandum of Grounds of Criminal Petition, the High Court may be pleased to For all the reasons stated above, this court may be pleased to quash the Charge sheet in C. C No. 2480 of 2024, on the file of lV Addl. Junior Civil Judge-Cum-lV Addl. Judicral Magistrate of First Class (Juvenile Court) at Hanumakonda, Hanumakonda District and to pass such other order or orders as this court may deem fit and proper in the interest of justice. I. A. NO :20F 2026 Petrtion under Section 528 of BNSS praying that in the r ircumstances stated in the Memorandum of Grounds of criminar petition, the High (r rurt may be preasecl to stay of a'further proceedings in c. c No. 24BO o,f 2024, cr the fire of rv Addr Junior civrJ Judge cunr-rV Addr. Judiciar lvragistrate of First cra i r (Juvenire court) at Hanumakonda, Hanumakonda District.
This petition coming on for hearing, upon perustng tf : lVlemorandum of Grounds of Criminal petition and upon hearing the arguments :f Ms. lsha A/lehra, Advocate for petitioner the and the Mr Jithender Rao Veeram: I a, Additional public Prosecutor on behalf of the Respondent No. 1 and of Non: appeared for the Respondent No. 2. The Court made the following: ORDER TI{ THE HTGH COURT FOR THE STATE OF TELANGANA AT IIYDERABAI) TIIE HONOURABLE SRT JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 2243 of 2026 Datez 19. 02. 2026 Between: Mekamalla Myakamalla Swarakar @ and two others ... Petitioners AND The State ofTelangana, Through S. H. O. , P. S. Kamalapur, Warangal Police Commissionerate, Represented by Pubtic Prosecutor, High Court at Hyderabad and another ... Respondents ORDER This Crir-ninal Petition has been filed by th,: petitioners/accused Nos. l to 3 seeking to quash tl-re proceedings in C. C. No.
2480 of 2024, on the file of the lV Additional Junior Crvil Judge-cum-lV Additional Judicial Magistrate of First CIass (Juvenile Court) at Hanumakonda, Hanumakonda District. 2. Heard Ms. Isha Mehra, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents. ,. rg- \ 3. The specific allegation against the petitioners/a :cused Nos. 1 to 3 is tha. t thev have procured PDS rice from the b r neficiaries at cheapcr rate to seil the same for profit and on 06 09. 2024, the )DS petitioners rvere fbund in possession of40 quintals o1' rice. \ 4. Leamed counsel fbr the petitioners woulc submit that without there being any complaint from any benel-rr: ary, allegir-rg that the rice w,as procured deceptively or with a crim I al intent and charging the petitioners for prosecution is untenabie a rd improper. {'he allegations. even taken at their face value cannot bc sustained against the pctitioners. Fufther, this Court, in Crl. I . No.
5709 of 2019. while consideling the same situation, categorir:i lly observed . l that the offences alleged against the petitioners therei could not be continued and accordingly quashed the proct:r dings. The petitioners are also entitled to the same relief and her ce prayed to quash the proceedings against the petitioners. 5. l-he lcamed Additional Public Prosecutor subrr i. s that as per. prosecution, thc offences said to have been comrr tted by the petitioners is cheating and violation of Section 7 of he Essential ,EC Commodities Act, I95,s (for short Act,) and requ:sted 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 punisliable. As per the prosecution, the petitioners have procured pDS rice from the beneficiar. ies after supply lrom the dealer. 7. A Coordinate Bench of this Court in Crl. p. No.
72 27 of 2025 has considered the identical facts and observed that: ''There i. s no averment indicating lhut the petitioner in arty wt;.. v deceptively induced the beneficiaries to parl wilh the supptietl pDS rica or the horcficiary entrusted the pDS rice purchased by rhem u,irlt tha pelilioner drul llrcy dishonestly misappropriated or converted lo theil own use or u\ed it in violation ofa lawful direction or contract. lt1 the absence of essential foctors, on lhe face of prosecution, this Court Jituls it to be a. lit case to exercise thejurisdiction under Section 52g ol BNSS, 2023. 7hus, continuonce of proceeclings against the petitior", i, obor" of proce. ss 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 52g 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 C. C. No. 2480 of 2024, on the file of the IV Additional Junior Civil Judge-cum-IV Additionar Judicial Magistrate of First I Class (Juvenile Court) at Hanurnakonda, I{anumakc rda Distlict, against t[-:e petitio ners/accused Nos. 1 to 3, are hereby r uashed. Pending miscellaneous applications, if any shalI stand closed SDi (. BHAVANI SWAMY ASS; STANT REGISTRAR I -]' //TRUE COPY// \ SECTION OFFICER To, 1. The lV Addl. Junior Civil Judge-Cum-lV Addl. Judici; I Magistrate of First Class (Juvenile Court) at Hanumakonda, Hanumakond;r )istrict. 2. The Station House Officer, P. S. Kamalapur, Warangal Police Comm issionerate. 3. One CC to Ms. lsha Mehra, Advocate [OPUC] 4. Two CCs to Public Prosecutor High Court for the S t rte of Telangana, at Hyderabad [OUT] 5. Two CD Copies DI-/PSI, 'w \ \ HIGH COURT DATED: 1910212026 ! LL, /. ORDER (-) u 0 i'rg zEt[ . :-.. . \: GRLP. No. 2243 of 2026 1.
, Jr \ ALLOWING THE CRIMINAL PETITION K9 yL . L\ \ \
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