Ellandula Sajeeva Kumar 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 2026-03-12. Ellandula Sajeeva Kumar v. The State of Telangana. Read the judgment and case details on...
Judgment text
iii:: ,,,:. ,. -- * "mflBi! ;**ir{i;'--. j.? :, \ [ 3so3 ] tN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWELTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL NO: 3573 OF 2026 Between 1. Ellandula Sajeeva Kumar, Slo Jagadheeswar, Aged about 36 years, Occ: Rice Mill Manager, Divya Agro Food Products, R/o H. No. 12-99, Srinivasa Nagar, Kodada Mandal, Nalgonda District. 2. Cheedella Srinivasa Rao, S/o Ramaiah, Aged about 49 years, Occ: Proprietor, Divya Agro Food Products, R/o H. No. 11-13611-8,11, Ambedkar Colony, Opp. Agriculture Market Committee, Kodada Mandal, Nalgonda District. 3. Kothuru Prasanth Jagan, S/o Satyanarayana, Aged about 32 years, Occ: @ Rice Mill Gumastha, R/o H. No. 1-12141171A, Nagubandi Ramurthy Nagar, Suryapet Road, Kodada, Nalgonda District. 4. Moodu Ramesh, S/o Bichalu Aged about: 52 years, Occ: Lorry Driver, R/o Kotha Kothuru Village, Nelakondapally Mandal, Khammam District. ...
PETITIONERS/ACCUSED NOS. I TO 4 AND 1. The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad. 2. Sub-! nspector of Police, Nelakondapally Police Station, Khammam District . RESPONDENTS 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 proceedings in C. C. No. 200093 of 2018, arising outof Crime No. 13 of 2016 of Nelakondapally Police Station, pending on the file of the Court of the Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act -cum - lV Additional Junior Civil Judge at Khammam. l. A. NO: 2 OF 1t026 Petition unCer 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 stay all further proceedings in C. C. No. 200093 of 2018, arising out of Crime No.
13 of 2016 of Nelakondapally Police Station, pending on the file of the Court of the Special Judicial Magistrate of First Class (Mobile) for trial of cases under PCR Act -cum - lV Addilional Junior Civil Judge at Khammam, during the pendency 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 Kavali Vishnu Kanth, Advocale for the Petitioners and the Sri. Jithender Rao Veeramalla Additional Public Prosecutor for the State of Telangana on behalf of the Respondent No. 1 and 2. The Court made the following: ORDER IN HIGH CO FOR THB ST TE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICB J. SREENIVAS RAO Date212. 03. 2026 Between: Ellandula Sajeeva Kumar and three others . Petitioners AND The State of Telangana, Rep. by its Public Prosecutor, High Court for the State of Telangana, Hyderabad and another ... Respondents ORDER .
This Criminal Petition has been filed by the petitioners/accused Nos. l to 4 seeking to quash the proceedings in c. c. No. 200093 of 2018, on rhe file of the Special Judicial Magistrate of First Class (Mobile) for trial of cases pCR under Act-cum-lV Additional Junior Civil Judge at Khammam. 2. Heard Mr. K. Vishnu Kanth, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents. 3. The specific allegation against the petitioners/accused Nos' 1 to 4 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the sarne for profit and on 25. 01. 2016, the petitioners were found in possession of 218. 90 quintals of PDS rice 4. l,eamed counsel for the petitioners would submit that withour.
there being any complaint from any beneficiary, alleging that the, rice was procured deceptively or with a criminal intent and chargilg the petitioners for prosecution is untenable and improper' The altegations, even taken at their face value cannot be sustained againsr the petitioners. Further, this court, in crl. P. No. 5709 of considering the same situation, categorically observed ? 0lg,,arhile that thr: offences alteged against the petitioners therein could not be contin,. red 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 leamed Additional Public Prosecutor submits that as per prose<:ution, the offences said to have been committed by the petitic,ners is cheating and violation of Section 7 of the Essential I Commodities Act, I955 (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 essential commodities, is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer. I I 7. A Coordinate Bench of this Court in Crl. P. No. 7227 of 2025 a has considered the identical facts and observed that: "There is no overment indicating that the petitioner in any way deceptively induced the beneficiaries to part with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropriated or converled to their own use or used it in violation of a lawful direction or contract. In lhe absence of essentialfaclors, on theface o/prosecution. this Courtfinds it to be afit case to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus. continuance of proceedings against 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. y'. ccordingly, the Criminal Petition is allowed and the proceecings in C. C. No. 200093 of 2018, on the file of the Special JudicialMagistrateofFirstCtass(Mobile)fortrialofcasesunder PCR A. ct-cum-lV Additional Junior Civil Judge at Khammam' against the petitioners/accused Nos. l to 4, are hereby quashed' I'ending miscellaneous applications, if any, shall stand closed. sD/. A. SREENIVASA REDDY STANT REGISTRAR I /ITRUE COPY,, ECTION OFFICER To, 1. The Judicial First Class Magistrate (Special Mobile) at Khammam' 2. TheStaiionHouseOfficer,NelakondapallyPoliceStation'KhammamDistrict 3. Two cc;s to Public Prosecutor, High court for the state of Telangana, at Hyderabad [OUTI 4. One CC to Sri.
Kavali Vishnu Kanth' Advocate [OPUC] 5. Two CD CoPies Pr/PSL d|- , , HIGH COURT '1210312026 DATED: E t ORDER o (J 4, 17 t,lAfl z$ffi CRLP. No. 3573 of 2026 * Ti *ei '. s ". 'rf ALLOWING THE CRL. PETITION ( FJ ,1" il
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