Ekhar Khan 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 2026-01-27. Ekhar Khan 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 TUESDAY THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 777 OF 2026 Between: Ekhar Khan, S/o. [\,4ainu Khan, Age 3'l years, Occ. Business, R/o- H. No. 5, 525/3, Argul Village, Jakranpally IVlandal, Nizamabad District, Telangana State N/o. H. No. 3-79, Boregaon Village, Renjal lr4andal, Nizamabad District. .. ,PETITIONER/ACCUSED AND 1. The State of Telangana,, Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Telangana 2. Ravindhar, S/o. Surya, age. 41 Years, Occ. Dy Tahasildar (CS),Jakranpally R/o.. [/]anikbandar Village, firlakloor lvlandaI Kamareddy District, Telangana State ... RESPONDENTS i i Petition under Section 528 of BNSS praying that in the circumstances stated in the l\ilemorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings in CC No.
308 of 2022 on the file of the Principal Judicial lvlagistrate First Class at Armoor in so far as petitioner/ I accused. l. A. NO: 2 OF 2026 Petition under Section 528 of BNSS praying that in the circumstances r stated in the ltlemorandum of Grounds of Criminal Petition, the High Court may l be pleased to grant stay of all further proceedings against the petitioner/accused in CC No. 308 of 2022 on the file of the Principal Judicial Magistrate First Class I at Armoor pending disposal of the main criminal petition. l l This Petition coming on for hearing,upon perusing 1e Memorandum of Grounds of Criminal Petition and upon hearing the argu r ents of Sri ALLURI DIVAKAR REDDY ,Advocate for the Petitioner and [Vr v Ramchandra reddy Additional Public Prosecutor on behalf of the Respondent ll ,-1 . and none appear for the Respondent No2. The Court made the following: ORDER TN THE HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No.
777 of 2026 Date: 27. 01. 2026 Between: Ekhar Khan .. Petitioner AND The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad for the State ofTelangana and another ... Respondents ORDER This Criminal Petition has been hled seeking to quash the proceedings in C. C. No. 308 of 2022, on the file of leamed Principal Judicial Magistrate First Class at Armoor, wherein the petitioner was arrayed as accused, for the offences punishable under Section 420 ofthe lndian Penal Code, 1860 (for short'IPC') and Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act'). 2. Heard Mr. A. Divakar Reddy, learned counsel for the petitioner and Mr. M. Ramachandra Reddy, leamed Additional Public Prosecutor for respondent No. 1. 3. The specific allegation against the petitioner,': ccused is that he has procured PDS rice from the beneficiaries at r heaper rate to sell the same for profit and on 14. 08. 2022 at about I . :00 hours, the petitioner was found in possession of 15.
60 quintals r f PDS rice. 4. Leamed counsel for the petitioner would subrr t that without there being any complaint from any beneficiary, a;l:ging that the nce was procured deceptively or with a crimi,r Ll intent and charging the petitioner for prosecution is untenable Ind improper, The aliegations, even taken at his face value cann,r be sustained against the petitioner. Further, this Court, in Crl. I . \,1os. 5709 of 2019 and 3349 of 2015, while considering the ri me situation, categorically observed that the offences allege j against the petitioners therein could not be continued and accor,l ngly quashed the proceedings. The petitioner is also entitled to tI e same relief and hence prayed to quash the proceedings against tlt, petitioner. 5. The learned Additional Public Prosecutor subrr its that as per prosecution, the offences said to have been comr ritted by the petitioner is cheating and violation of Section 7 of tt > 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 essential commodities, 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 avermenl indrcating Lhat the petitioner in any way deceptively induced the beneficiaries to Port with the supplied PDS rice or lhe beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converted lo lheir own use crr used it in violation of a lauful direction or conlract. ln the absence of essenlial factors, on the face ofprosecution, this Court finds it to be a rtt case to exercise the jurisdiction under Seclion 528 of BNSS, 2023. Thus, continuance of proceedings againsl lhe 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 C. C. No. 308 of 2022, on the file of learned Principal Judicial Magistrate First Class at Armoor, against the petitioner/accused, are hereby quashed. Pending miscellaneous applications, if any shall stand closed. ;d/. B. REKHA RANI ASSi STANT REGISTRAR //TRUE COPY// i Secnoru oFFtcER I To, 1 The Principal Judicial IVlagistrate First Class at Armc cr 2. The Station House Officer, police . cle Station Jakranpally, O Dichpally Nizamabad Distnct 3. One CC to SRt ALLURT DTVAKAR REDDyAdvocate )UC] [r) 4. One CC to SRI PUBLIC PROSECUTOR High court for il e state of Telangana at Hyderbad [OUTj 5.
Two CD Copies AG \qr HIGH COURT DATED:271O112026 lHE S;;i1 ( ( o t o I B r EB 1t]2[ d A * * t:-. S \t FI ORDER CRLP. No. 777 of 2026 CRLP IS ALLOWED g. of4 &*
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