A1. Shaik Khaza Sio Mastan, 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 2026-04-28. A1. Shaik Khaza Sio Mastan, v. The State of Telangana. Read the judgment and case details on...
Judgment text
[ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD IUESDAY, THE TWENTY EIGHTH DAY OF APRIL TWO THOUSAND AND TWENry SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION No: 6464 ol 2026 Between: 1 A1. Shaik Khaza S/o lt/astan, 35 years, [\tluslim, Lorry Driver. R/o Jagaiahpeta of NTR district. 2. A-2. Pallikanti Suresh, S/o Venkateshwwarlu, 29 yrs, Madiga, Cleaner, R/o Mangolluru ofJagalahpeta of NTR district. 3. A-3. Thangalapally kishore, S/o Narsimha rao. 35 yrs, Kapu, Lorry owner, R/o Jagalahpeta of NTR district. 4 A-4. Atmakuri jagadish, S/o Venkateshwarlu, 2B yrs, Vyshya, Bussiness, R/o Grain market Khammam. 5. A-5,Repaka Tata Prasad, S/o Joga rao 48 yrs, Vyshya, Bussiness, R/o Mustela Nagar, Khammam. ... Petitioners/Accused 41 to A5 (Petitioners/Accused Al to A5 in CC. No. 902/2024) AND 1- The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad. 2. Sri. P.
Chander, ASI of Police, Danthalapally PS, Mahabubabad District. ... Respondents/Defacto Complainant 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 quash the imp,ugned proceedings in C. C. No. 902 of 2024 on the file of the Judicial First class t\ilagistrate at Thorrur. l. A. NO: 1OF 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 interim stay order of all further proceedings in C. C-No. 902 of 2024 on the file of the Judicial First class Magistrate at Thorrur, including appearance and attendance of the Petitioners/Accused Nos. Al to A5, pending disposal of the above Criminal petition.
This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri R Y L N Acharyulu, Advocate for the Petitioners and Sri Jithender Rao Veeramalla. Additional Public Prosecutor on behalf of the Respondent No'1 and none appeared for the Respondent No. 2. The Court made the following:ORDER IN THE HIGH COURT FO R THE STATE OF TELANGANA AT IIYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 6464 of 2026 Date:28. 04. 2026 Between: Shaik Khaza and four others Petitioners AND The State of Telangana and another . ,. Respondents ORDER This Criminal Petition has been filed by the petitioners/accused Nos. l to 5 seeking to quash the proceedings in C. C. No. 902 of 2024 on the file of the learned Judicial First Class Magistrate at Thomrr. 2. Heard Mr. R. Y. L. N. Acharyulu, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. l. 3.
The specific allegation against the petitioners/accused Nos. l to 5 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 01. 10. 2024, the petitioners were found in possession of 32 tons of PDS rice 4. Leamed counsel for the petitioners would submit that without there being any complaint from any beneficiary, alleging that the rice was procured deceptively or with a criminal iatent 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, ln Cr1. P. No. 5709 of 2019, while considering the same situation, categorically 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 offences said to have been committed by the petitioners is cheating and violation of Section 7 of the 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 petitioners have procured PDS rice from the benehciaries 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 thdt the petitioner in any wuy deceptively induced the beneficiaries to pdrt with the supplied pDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropiated 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 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 case to exercise jurisdiction under Section 528 of BNSS applying the same analogy and to quash the proceedings against the petitioners herein. 9. Accordingly, the Criminal Petition is allowed and proceedings in C. C. No. 902 of 2024 on the file of the learned Judicial First Class Magistrate at Thomrr, against petitioners/accused Nos. l to 5, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed.
SD/- B REKHA ASSISTANT REGISTRAR //TRUE COPY// 6 SECTION OFFICER Thorrur The Judicial First Class Magistrate' police station, Mahabubabad gouse The station onicerl"oun6'rirp"rrv prolec"J"i' the State of Telangana iign bourt for Two CCs to Puulic Hvderabad [OUT] n V r- N Acharyulu' Advocate [oPUC] 4 o;;H";t,i 5. Two CD CoPies ABK w HIGH COURT DATED: 2810412026 , t,. "ri i' .. :, . s "Ir ORDER i, ;i: ' ;' . '! \\\ \ CRLP. No. 6464 of 2026 . ir*-. ' t:- Ui-d. \ :\ '" ALLOWING THE CRIMINAL PETITION ,\s",0 % &"
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