Shaik Saleem, v. The State of Telangana,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-27. Shaik Saleem, v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO:6377 0F 2026 Between: '1. Shaik Saleem,, S/o easim, Age. 31yrs, Oc. Kirana shop. R/o Chilkurilaxminagar, Adilabad, Adilabad District. 2. Md Khuram,, S/o. MD Aslam, Age. 20yrs, Occ. Auto driver, R/o Chilkurilaxminagar, Adilabad, Adilabad District. ... PETITIONEFYACCUSEDS AND 1. The . State of Telangana,, rep. by public prosecutor, High Court for the 2. syed Mujahid,, c/o. Not Known, Age. Major, occ. porice officer, R/o. Adirabad Rural P. S. Aditabad District SO40O. t ... RESPONDENT/COMPLATNANTS Petition under. section 437r43gt4ggt4g2 of cr. p. c praying that in the circumstances stated in the Memorandum of Grounds of criminar petition, the High court. may. be please! topreased to quash tne c. c. viJe No. 709 of 2024 on the fire of Hon'ble spl.
Judicial First class Magistrate at Adilabad against the petitioner/Accused No. 1 & 2 and pass such other ordei or orders as this Hoi'bre court'may oeeml,t ano proper in the circumstances of the case. l. A. NO:1 OF 2026 Petition under Section 482 of Cr. P. C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with the filing of the certified copy of C. C. vide No. 709 ol 2024 on the file of Hon'ble Spi. Judicial First Class Magistrate at Adilabad and to pass such other order l. A. NO:2 oF 2026 Petition under section 482 of c praying that in the circumstances the Memorandum ^cr. P stated in of Grounds "pliiii",r,"ir,. of cri;in;t High court may be pteased pleased to grant stav of all furtner proceeoingr i;'i. l. riu" No. 709 of 2o24on Hon'ble spr. Judiciai the file of Firsr crass rvr"gi.
rrri" ;iniiiaolo inctuoing the petitioners, pending appearance of the disposar or tne Jooue'cririnlii-Jition and pass such other order or orders as ttris Hon'ble court may 0"". rit *j pr*. i, ,n" circumstances of the case " This Petition comino on,for hearing, upon perusing the Memorandum of Grounds of criminar petition and uion hearing *r; r6;;J. t. ; sri soMA RAVI K,RAN Advocate REDD' ' for petitloner the and rne pr6ric Fro1". rto, Responderrt No. and crc/Ap) on beharf of the of Sri_Advocatei", tn" fi". p"iil'. t frf" The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 6377 of 2026 Date:27. 04. 2026 Between: Shaik Saleem and another ... Petitioners AND The State of Telangana, and another ... Respondents ORDER This Criminal Petition has been filed by the petitioners/accused Nos. l and 2 seeking to quash the proceedings in C. C. No.
709 of 2024, on the file of the Special Judicial First Class Magistrate at Adilabad. 2. Heard Mr. S. Ravi Kiran Reddy, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondents. 3. The specific allegation against the petitioners/accused Nos. 1 and 2 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 05. 07. 2024, the petitioners were found in possession of 14 pDS bags of rice totalling 5. 60 quintals 4. Learned counscl lor 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.
5l09 of 2019, while considering the sarne situation, r:ategorically 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 learned Additional Public Prosecutor submits that as per prosecution, the oflences said to have been committed by the petitioners is cheating and violation of Section 7 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 J essential commodities, is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after I \ I supply from the dealer I 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 indicqting that the petitioner in any way deceptively induced the beneficiaries to part i)ith the supplied PDS ice or the bene/iciary entrusled the PDS rice purchased by them with lhe petilioner and they disfutnestly misappropriated or converted tu lheir own use or used it in violulion o. f a lawful direction or contracl- In the absence of essential faclors, on the face of prosecution, this Courl finds it to be a fit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against lhe pelitioner is abuse ofprocess 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 applyng 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. 709 of 2Q24, on the hle of the Special Judicial First Class Magistrate at Adilabad, against the petitio ners/accused Nos. I and 2, are hereby quashed' Pending miscellaneous applications, if any, shall stand closed SD/. K. BHAVANI SWAMY ASSISTANT REGISTRAR I (+ //TRUE COPY// SECTION OFFICER To, 1. The State of Telangana,, rep. by public prosecutor, High Court for the 2. Syed Mujahid,, C/o. Not Known, Age. Major, Occ. police officer, R/o. Adilabact Rural P. S. Aditabad District 504001 3 One CC to SRI SOMA RAV| KTRAN REDDY Advocare [OPUC] 4. Two ccs to PUBLIG PROSECUTOR High court for the state of rerangana, at Hyderabad [OUTJ 5 Two CD Copies KA ? Y TO CC- DftY HIGH COURT DATED: 2710412026 I.. ,\ $' 1i ,-! l: - s': l: LI :. lt,-.. - \ ORDER ! . ;. { -' CRLP. No. 6377 of 2026 PARTLY ALLOWING THE AP PEAL/DISMISSI NG/DIS POSI NG/C LOSI NG . ^\ LDgL2 5\-/ q G:)
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