Malagani Swarnakar @ Ramesh v. The State of Telangana through S.H.O. P.S. Duggondi,
Court: High Court for State of Telangana
Bench: J SREENIVAS RAO
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-04-16. Malagani Swarnakar @ Ramesh v. The State of Telangana through S.H.O. P.S. Duggondi,. Read the...
Judgment text
[ 3303 ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 5662 OF 2026 Between: 1. lVlalagani Swarnakar @ Ramesh, S/o. Sambaiah, Age. 35 Years, Occ. Business, Rl/o. Deshaipally Village, Warangal District 2. Kolluri Damodhar, S/o. Rajeshwar Rao, Age. 29 Years, Occ. Agri Rl/o. Shamabaiahpally, H/o. Deshaipally Village, Warangal District ... Petitioner/Accused Nos. 1 & 2 AND 1. The State of Telangana through S. H. O. P. S. Duggondi,, Warangal Police Commissionerate, Represented by Public Prosecutor, High Court at Hyderabad ... Respondent No. 1 2. S. Sarveshwar, HC- 2071, P. S. Duggondi, Warangal District. ... Respondent No. 2/De-facto 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 Charge sheet in C. C. No.
477 of 2017, on the file of Principal Junior Civil Judge-Cum-Principal Judicial Magiskate of First Class at Narsampet, Warangal District. l. A. NO: 2OF 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 pleased to stay of all further proceedings in C. C. No. 477 of 2017, on the file of Principal Junior Civil Judge-Cum-Principal Judicial Magistrate of First Class at Narsampet, Warangal District. This Petition coming on for hearing, upon perusing the Ment tandum of Grounds of Criminal Petition and upon hearing the arguments of [vls. lsr I l\ilehra , Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Additional I rlblic Prosecutor on behalf of Respondent No. '1 and none appeared for the Respondlrt No. 2. The Court made the following: ORDER f IN THE HIGH COURT FOR THE STATE OF TELANGANA ATHYDERABAD THE TIONOURABLE SRI JUSTTCE J. SREENIVAS RAO CRIMINAL PETTTION No.
5662 of2026 Date:16. 04. 2026 Between: another Malagani Swamakar @ Ramesh and ... Petitioners AND The State ofTelangana and another ... Respondents ORDER has been filed by the This Criminal Petition and 2 seeking to quash the proceedings petitioners/accused Nos. l on the file of the Principal Junior Civil in C. C. No. 477 of 2017, Judge-cum-Principal Judicial Magistrate of First Class at Narsampet, Warangal District. Heard Ms. Isha Mehra, leamed counsel for the petitioners 2 Additional Public and Mr. Jithender Rao Veeramalla' leamed Prosecutor for resPondents' against the petitioners/accused Nos'1 3. The specific allegation rice from the beneficiaries at and 2 is that they have procured PDS the same for profit and on 20'06'2017 cheaper rate to sell the ' petrtloners were found in possession of 44 bagr, cf PDS rlce totalling 22 quintals. 4.
Learned counsel for the petitioners woul,l submit that without there being any complaint from any benefic iary, alleging that the rice was procured deceptively or with a crini ral intent and charging the petitioners for prosecution is untenable r r-rd improper. The allegations, even taken at their face value camo be sustained ,. No. 5709 against the petitioners. Fufther, this Court, in Crl. of 2019, white considering the same situation, categori: rlly obser"ved that the off'ences alleged against the petitioners therejr could not be continued and accordingly quashed the proc::dings. The petitioners are also entitled to the same relief and hr:r ;e prayed to quash the proceedings against the petitioners. 5 The leamed Additional Public Prosecutor subn I s that as per prosecution, the offences said to have been com:r itted by the petitioners is cheating and violation of Section 7 ol' . he Essential Commodities Act, 1955 (for short 'EC Act') and reqr. ;rsted to pass appropriate orders. 6.
Section 7 of the EC Act contemplate that any person contravenes with the production, supply, distributiorr irnd trade of essential commodities, is punishable. As per the prosecution, the petitioners have 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 averment indicating lhat the pelilioner in any way deceptively induced the beneftciaries lo part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the pelitioner ond they dishonestly misapproprialed or converted to their otrn use or used h in violation ofa lanful direction or conlract. In the ubsence of essential factors, on the face of prosecution, this Court J'inds it b be aft case to exercise the jurisdiction under Seclion 528 of BNSS, 2023- Thus, continuance of proceedings againsl the 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 petitioners herein. g. Accordingly, the Criminal Petition is allowed and the proceedings in C. C. No. 477 of 2017, on the file of the Principal of First Class Junior Civil Judge-cum-Principal Judicial Magistrate at Narsampet, Warangal District, against the petitioners/accused Nos. l and 2, are hereby quashed- : shall stand Pending miscellaneous applications, if an1 ' closed. o'A ' i : I ::'=^i,Yt? t,tF? 3I //TRUE COPY// SECTION OFFICER To, of First Judit;i I I Magistrate Judge-Cum-Principal Junior Civil 1 . The Principal ' Warangal District crr1. ai t"trtt"'pet, V/ rrangal District' Police-station' uouse Otricei i'ggonOi 2.
The Station |SHA NiIEHRA' Advocate [OPUCI i O"" to tvlS for t t-' State of Telangana' pnosiburon High Court "" to PUBLIC 4. Two CCs at Hyderabad [OUTI 5. Two CD CoPies ADK/ba qx HIGH COURT c( -ToD+y DATED: 1610412026 iu S14 rJ o o 2 [i'l] 21126 ORDER llr. l' ... ':'. ;; ,,1, CRLP. No. 5662 of 2026 ALLOWING THE CRIMINAL PETITION cot9 q$/
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