Yerrapati Laxman Goud, 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 2026-02-26. Yerrapati Laxman Goud, v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ 33031 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THURSDAY, THE TWENTY SIXTH DAY OF FEBRUARY TWO IHOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 2724 OF 2026 Between: Yerrapati Laxman Goud, S/o Gangadhar Goud, Aged 47 yea. s, Occ: Business, R/o. H. No. l-2-492, Rakasipet, Bodhan Town and Mandal, Nizamabad District. Pincode. 503185 ... PETITIONER/ACCUSED AND '1. The State of Telangana, Rep. by its Public Prosecutor, High Court of Telangana, at Hyderabad 2. G. Hanuman, Deputy Tahsildar Civil, Supply (enforcement), Bodhan, Nizamabad District Pincode. 503185. .. RESPONDENTS/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 It is therefore prayed that this Hon'ble Court may be pleased to quash the impugned proceedings in F. l. R.
No 52 of 2026, on the file of the Bodhan Town Police Station, Nizamabad District, in so far as Petitioner/ Accused, is concerned. 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 lt is further prayed that this Hon'ble Court may be pleased to grant interim stay of all further proceedings in F l R. No. 52 of 2026, on the file of the Bodhan Town Police Station, Nizamabad District. , including appearance and attendance of the Petitioner/Accused, pending disposal of the above Criminal petition- This petition coming on for hearing, upon perusing the Me I orandum of of Criminal petition Grounds and upon hearing the arguments or a. , Orr,, Raghu, Advocate for the Petitioner and the pubric prosecutor for the state of rerarg ana on Respondent beharf of the No. 1 and None Appeared for Respondent No. 2. The Court made the foltowing: ORDER It rl ie l.
" I i IN THE HIGH CO UIIT FO R TIIE STAT E OF TELANGANA AT IIYDERA BAI) THE HONOURABLE SRI JUS'I'ICE J. SIIEIiNIVAS II,AO CRIMINAL PO'I'I'[ION No. 2724 of 2026 Date: 26. 02. 2026. Between: Yerrapati Laxman Goud .. Petitioner ANI) The State of Telangana, Rep. by its Public Prosecutor, High Court ol1'elangana, ar Ilvclcr. abad ancl anothcr Respondents ORDER This Criminal petition has bcen fited seeking to quash the proceedings in FIR No. 52 ot'2026 on the file of ttre Bodhan Town Police Station. Nizamabad District, whcrcin the petitioner was arrayed as accused lor. the oll'ences punishable under Section 318(4) of the Bharatiya Nyaya . BNS,) Sanhirh a, 2023 (for short and Section 7 of the Esscntial Conrrnodities Act, 1955 (for short 'EC Act'). 2. Fleard Mr. G. Raghu, lcamed counsel fbr the petitioner and Mr. Jithender Rao Veeranralla, learned Additional public Prosecutor for respondent No. l. 3.
The specific allegation against the pctitioncr s that he lias proculed PDS rice from the beneficiaries at clteapcr rrte to sclI the snrrrc for prolit and on 03. 02. 2026 at I0:00 hours. thc pctitioncr rvas lbund in possession of 3. 50 quintals ol- PDS lict 4. Learned counscl fbr the pctitioner would sutrn. t that without there being any complaint liom any beneficiary. aL :ging that thc flce was procured deceptively or with a criurrr. rl intent and charging the petitioncr fbr prosecution is untenablr' rud irnpropcr The allegations, even takeu at his lace value canrr t be sustained against the petitioner. Furlhcr, this Cour1, in Crl. '}. Nos. 5709 oF 2019 and 3349 of 2015, while consirlering thc s rurc situation, categorically observed that thc of'fences allcg: aqa rnsl thc pctitionels thcrein could not be continucd and accor lingly quashed the proccedings. The pctitioner is also cntitled to hc same rclicf arrd hcnce played to quash the procccdirrgs agiiinst L c 1-rr-titioncr. 'lhe 5.
learncd Additional Public Prosecutor sLr r nits that as per plosecution, the offences said to havc becn coL' nritted by the petitioner is cheating and violatron of Scction 7 ol hc tiC Act and rcquested to pass appropriate orders. 6. Section 7 of the EC Act conternplate that any person contravenes with the production, supply, distribution and trade ol essential comn-rodities, is punishable. As per the prosecution, the petitioner has procured PDS rice ltorn the benetlciaries after supply from the dealer. 7 . A Coordinate Bench of this Court in Crl. P. No. 7227 ol'2025 has considered the identical t'acts and obsen'cd that: "Thcrc is no uvarnvnl inlicottng thul lhr pditu)ncr rt ttttv rtut' deceptively induccd tlrc bcncliciorit's to lrot t \ith tht . tultpliad PDS rit'a or the bcneficiar. v entru;l. 'd Ihe PDS rit,' lnrrchus,'tl bv lhcu witlt lltt' and thcy tlisltoucsll)' ttti.
\tltPr(,pt t ttltd or tonvt'rtul lo lhcir letitioner oyvn usc or usccl it it1 t'iolutnn ttl o la*t l lirectio or conlruLl ltl lh( ohsence of essenlial factors. on tfu litce ol'pnt. sacutitttr, this Comt . lirult it lo be a . fit caSe lo excrci\a I he jurisdiction uud<rr St'ction 5 Jll of BNSS, 2023. T'lnts, conlinuancc o/ proctctlings tgttittsl lltL'Petitioncr is ttbtrsL' ol'proccss oJ lot ". 8. The facts and circumstances of the present case also similar to those in the above case and hcnce, this Court finds it to be a fit case to exerclse jurisdiction uncler Sectiorr 528 of BNSS by applying the same analogy and to quash thc proceedings against the petitioner herein. 9. Accordingly, the Crirninal Petition is allowed and the proceedings in FIR No. 52 of 2026 on the hle of the Bodhan Town I)olice Station, Nizamabad District, against the petiL xerTaccusecl, are hercby cluashed. l'cnding miscellancous applications. if' an v shall stand closed SD/- C.
DEEPIKA ASIJ STANT REGISTRAR //TRUE COPY// . SECTION OFFICER To 1. The Judicial First Class Magistrate at Bodhan. 2. The Station House Officer, Bodhan Town Police Statio r Nizamabad district. 3 Two CCs to Public Prosecutor High Court for the :l ate of Telangana, at Hyderabad [OUT] 4 One CC to Sri Gaje Raghu, Advocate [OPUC] 5. Two CD Copies Pr, I'Sl- \qr HIGH COURT DATED: 2GtO2t2O26 L STAT o A (; ? q J ORDER ? [? $ o [5 Hiq E rJ CRLP. No. 2t24 * of 2026 . ut ALLOWING THE CRL. PETITION . T . oC'" w, $*
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