Syed Zubair 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. Syed Zubair v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ ] 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 CRTMINAL PETI TION NO: 6407 OF 2026 Between: 27 1. Syed Zubair, S/o. Syed Nazeer, (Shown in F. l. R as Syed Juber) Age. Rural Years, Occ. Driver, R/o. H. No. 4-1-74, Aneesa Nagar, Achampalle Village, Bodhan Mandal, Nizamabad District. 2. Syed Sameer, S/o. Syed Nazeer. Age. 25 Years, Occ. Business, Rl/o H No +l-lq, Aneesa Nagar, Achampalle Rural Village' Bodhan Mandal, Nizamabad District. 3. Sakrlam Srinivas, S/o. Sakilam Chandram, Age 47 Years, Occ. Business, R/o. H. No. 14-351, Saraswathi Nagar, Bodhan Village and Mandal, Nizamabad District. .. PETITIONERS/ACCUSED No's. 1 to 3 ANO 1. The State of Telangana,, through S. H. O. , P. S. Bodhan Rural, Nizamabad Diskict, represented by Public Prosecutor, High Court at Hyderabad' ... RESPONDENT 2. Sri. Gedam Hanuman, S/o.
Jagannath, Age- 54 Years, Occ Deputy Tahsildar (CS). Bodhan Mandal, R/o Tailors Colony Adilabad Proper and District Cell No 798214062 ... RESPONDENT/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 F. l. R. No. 80 of 2025, of P. s. Bodhan Rural, Nizamabad District, as against the Petitioners/Accused No 1 to 3 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 to grant stay of all further proceedings including arrest of the Petitioner/Accused No's. 1 io a in f . i R. No. 80 of 2025, of P. S. Bodhan Rural, Nizamabad District, This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri K.
Venumadhav, Advocate for the Petitioners and Sri Jithender Rao Veeramalla, Additional Public Prosecutor on behalf of the Respondents The Court made the following: ORDER IN THE HIGH COURT FOR THE STATE OF TELANGANA At HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 6407 of 2026 Date:27. 04. 2026 Between: Syed Zubair and two others ... Petitioners AND The State ofTelangana,and another ... Respondents ORDER Tbis Criminal Petition has been filed seeking to quash the proceedings in FIR No. 80 of 2025 on the file of the Bodhan Rural Potice Station, Nizamabad District, wherein the petitioners were arrayed as accused Nos. I to 3, for the offences punishable under Section 318(a) of the Bharatiya Nyaya Sanhitha,2023 (for short 'BNS') and Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act'). 2. Heard Mr. K. Venumadhav, 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. l to 3 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the sarne for profit and on 16. 04. 2026, the petitioners were lound in possession of 16 bags of PDS rice totalling 5. 85 quintals 4. Leamed counsel 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. 5709 of 201 9, 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 arc also entitled to the same relief and hence prayed to quash the proceed ings against the petitioners. 5.
The leamed Additionat 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 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, distrilution and trade of essential commodities, is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer. t 1 . A Coordinate Bench of this Court in Crl. P. No.
7227 of 2025 has considered the identical facts and observed that: "There is no avennent indicating thal the petitioner in any way deceptively induced the beneficiories to part with the supplied PDS rice or the benefrciary enln$ted the PDS rice purchased by them with the petitioner and they dishonestly misaPpropialed or converted to their own use or used il in violation of a lawful direction or contract. In the absence of essential factors, on the face of proseclttion, this Court f;nds it to be o lit cdse to exercise the jurisdiction under Section 528 of BNSS' 2023- Thus, conlinuance of proceedings against the petitioner is abuse ofprocess of law". 8. The lacts 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 t i I I 4 l 9.
Accordingly, the Criminal petition is allorved and the proceedings in FIR No. 80 of 2025 on the file of the Bodhan Rural Police Station, Nizamabad District, against the petitioners/accused Nos. l to 3, are hercby quashed. Pending miscellaneous applications, if any, shall stand closed. SD'. P. C. SULEKHA DEVI ASSISTANT REGISTRAR //TRUE COPY// i ECTION OFFICER To, \-/ 1. The Judicial First Class Magistrate at Bodhan 2. The Station House Officer, Bodhan Rural Police Station, Nizamabad District 3. Two CCs to Public Prosecutor. High Court for the State of Telangana, at Hycierabad IOUT] 4. One CC to Sri K. Venumadhav, Advocate [OPUCI 5 Two CD Copies VH/KA qx cc-I o frl l, HIGH COURT DATED: 2710412026 1HE R s T4 o t ORDER _), 1 'l- 0 5 fl,qY n CRLP. No. 6407 of 2026 r'l . (a |,. , ,, t',,':. ''' il' : i :, :,; :"),'\ _,-::, ALLOITVING THE CRIMINAL PETITION D c coo @ cr'. 1 o J o
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