Shaik Gafar, 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. Shaik Gafar, v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
[ 3303 J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENry EIGHTH DAY OF APRIL TIWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 6571 oF 2026 Between: 1 Shaik Gafar, S/o Khadeer, 37 yrs, Occ. Coolie, . Age. R/o H. No. 36_g7g. Chilkurilaxmi nagar, Adilabad 2. Shaik Saleem, S/o. Shaik Sattar, age. 23 years, Occ. \""-v. Auto /'1utu Driver L,Irver, R/o chilkurilaxminagar, Adilabad, njirroiJ oi"ii"i"-'', ... Petitioner/Accused No. 1 & AND 2 1 The State of rerangana, rep. pubric by prosecutor, High court for the state of Telangana at Hyderabad. 2. Syed Mujahid, C/o. Not. Know^n,Age. Major, Occ. police officer, R/o. Adilabad Rural P. S, Adilabad Diskict 504001 ... RespondenUDefacto Complainant Petition under section 528 of BNSS praying that in the circumstances stated the Memorandum in of Grounds oI^criminarl'eiiidr,'il; High court may be preased to quash the c. c. vide No. 247,.
of 2025 0n th" iid;id;i Judiciar First crass Magistrate at Adilabad against the petitioner/Accused No. 1 &-i t. A. NO :2QF 2026 Petition under Section 528 of BNSS praying that in the circumstances stated the Memorandum in of Grounds ot crrminit-peiiilr,'i;" High court may be preased grant stav to of ail further oroceedings in c. c. vioe i. ro,. ' zqi ot 2025 ;;th; Ii"li spr. Judicial First crais Magiskate nJii"u"J-inJuoing the appearance petitioners, pending of the dispoial of the above "t Ci*i. ;;'" This Petition comino on for hearing, upon perusing the Memorandum of Grounds of criminar Petition hearing-the'argrrunt"''or Sri Soma Ravi Kiran Advocate for petitioners "niroon Reddy, the and srl . litnenier R"o v""r"mrila, rearned Additionar Public Prosecutor on beharf or tne nesponoe"i'Ni". r and none appeared for Respondent No. 2. the The Court made the following: ORDER IN THE HIGH COURTFORTHE STATE OFTELANGANA ATHYDERAB AD THE HONOURABLE SRI JUSTICE J.
SREENIVAS RAO CRIMINAL PE TITION No. 65 7l of2026 Date:28. 04. 2026 Between Shaik Gafar and another ... Petitioners AND The State ofTelangana and another ... Respondents ORDER This Criminal petition has been f,rled by the petitioners/accused Nos. l and 2 seeking to quash the proceedings in C. C. No. 247 of 2025, on the file of the learned Special Judicial First Class Magistrare at Adilabad. 2. Heard Mr. Soma Ravi Kiran Reddy, leamed counsel for the petitioners and Mr. Jithender Rao veeramalla, learned Additional Public Prosecutor for respondent No. 1. 3. The specific allegation against the petitioners/accused Nos. l and 2 is that they have procured pDS rice from the beneficiaries at cheaper rate to sell the same for profit and on 10. 10. 2024, the petitioners were found in possession pDS of 5. 5 quintals of rice. 4.
Learned 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 Frjqry] intent and J^ \\ 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 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 leamed 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 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 avement indicating that the petitioner in any way deceptively induced the beneficitries to part pDS with the supplied rice or the beneficiary entnlsted the PDS rice purchased by them with the ,\ . / petitioner ond they dishonestly misappropiated or converted to their own use or used it in violation of a lawful direction or contract. ln the absence of cssential factors, on the face of prosecution, this Court ;linds it lo be a . fit cuse to exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings againsl the petitioner is abuse ofproccss 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 9. Accordingly, the Criminal Petition is allowed and the proceedings in C. C. No. 247 of 2025, on the file of the learned Special Judicial First Class Magistrate at Adilabad, against the petitioners/accused Nos. l and 2, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed t-K. BFeVATII SwAMY ASSISTANT REGISTRAR i ,:2 //TRUE COPY// SECTION OFFlCER To, 1. The Special Judicial First Class Magistrate at Adilabad. 2. The Station House Officer, Adilabad Rural Police Station, Adilabad District. 3. Two CCs to the Public Prosecutor, High Court of Telangana at Hyderabad lourl 4. One CC to Sri Soma Ravi Kiran Reddy, Advocate IOPUC] 5.
Two CD Copies GNK/KA QE/ UC_ T0 Dly HIGH COURT DATED: 2810412026 . \ 'i;:'\ ,. , rl s \ :-t= l. at . : ORDER \ /: t CRLP. No. 6571 of 2026. ALLOWING THE CRIMINAL PETITION c"e\t> @ $L. , R v) o a\ o
Source: High Court for State of Telangana. Dataset: Dattam Labs. CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.