Shaik Gouse 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 2025-12-16. Shaik Gouse v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ J IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY. THE SIXTEENTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 16879 OF 2025 Between: Shaik Gouse, S/o Mansoor, Age. 44yrs, Occ. Driver, R/o Raikur Village, Rudrur Mandal, Nizamabad District, Telangana State. ,.. PETITIONERYACCUSED AND 1. The State of Telangana, Rep. by the Public Prosecutor, High Court at Hyderabad for the State of Telangana. 2. P. Nikhil Raj, S/o. Not Known, Occ. Dy. Tahasildar, Varni Village, Nizamabad District, Telangana State ... RESPONDENTS/COMPLAINANTS Petition under Section 528 of BNSS, 2023 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 CC No. 34 of 2023 on the file of the Additional Judicial Magistrate of First Class at Bodhan in so far as petitioner/Accused; l. A.
NO: 2 OF 2025 Petition under Section 528 of BNSS, 2023 Vaying 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 against the petitioner/Accused in CC No. 34 of 2023 on the file of the Additional Judicial Magistrate of First Class at Bodhan, This Petition coming on for hearing,upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri ALLURI DIVAKAR REDDY. Advocate for the Petitioner and Sri Jithender Rao Veeramalla, Addl. Public Prosecutor on behalf of the Respondent No. 1 and none appear for the Respondent No. 2, 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. 16879 of 2025 Date: L6. L2. 2O25 Between : Shaik Gouse. ... Petitio ne r/ Accused. AND The State of Telangana represented by its Public Prosecutor and another. .
Rcspo nden ts ORDER: This Criminal Petition has been filcd seeking to quash the proceedings in C. C. No. 34 of 2023, on the file of Additionat Jr-rdicial Magistrate of First Class, Bodhan, wherein pctitioner u'ers arraved as accused, for the offences punishable trnder Section 420 ()f the lndian Penal Code, 186O (for short 'lPC') and Scction 7 o[ the Bssential Commodities Act, 1955 (for short 'EC Act'). 2. Heard Mr. Alluri Divakar Reddy, learned counsel lbr the petitioner and Mr. Jithender Rao Veerzrmalla, lcarned Adclitional Public Prosecutor, appearing on behalf of respondent No. I State. 3. The speci{ic a-llegation against the pctitioner/accuscd is that he has procured PDS rice from the ber-reliciaries at cheaper ritte to sell the same for prolit and on 15. I l. 2O'22 ztt about 12:30 hours, the petitioner was found in possession of 15 bags of PDS ricc t0talling B Quintals. 4.
Le arncd counsel lor the petitioner would submit that without there bcing any complaint from any benehpiary, alleging that thc ricc was procured deceptively or with a criminal intcnt and charging thc petitioner for prosecution is untenable and improper. Thc allcgations, evcn taken at his face value cannot be sustained against t['rc pcl-itioner. Further, this Court, in Crl. P. Nos. 57O9 of 2O 19 zrr-rd 3349 ol 20 I 5, while considering the same situation, categoricalll, ol;served that the offences alleged against the petitioners thcrein could not be continued and accordingly quashed the proceedings. The petitioner is also entitled to the same relief and hcnce pravccl to quash the proceedings against the petitioner. 5. Thc iearncd Additional Public Prosecutor submits that as per prosecution, thc offcnces said to have been committed by the petitioncr- is chcarLir-rg and violation of Section 7 of the EC Act and requcstc(l t() pa:is appropriate orders. 6.
Sccl ion 7 of t he EC Act contemplate that any pcrson contrav('r. lcs s,it h the production, supply, distribution arrd trade of esscrrtial corrrrnoclities, is punishable. As per the prosecution, the pctitioncr hirs procurecl PDS rice from the beneliciaries after supply lrorn tlrr: clc:r Icr. 7. A Co<rrclirratc Bench of this Court in Crl. P. No. 7227 of 2025 has corrsiderccl thc iclcntical facts and observed that: "Tlrcre is no et,ennet itdicating that tle petitioner in any wag rleceptiut'ly itrclrr<'d the beneficiaies to part with the sultplied pDS -l ice or tle beneficiary entrusted the PDS ice purchased by thern uith the petitioner and tleg dishonestlg mbappropriated or conuerted to their own use or used it in uiolation of a lauLful direction or contract. In the absence of essential factors, on the of prosecution, face this Court it to be a case to exercise tle juisdiction under Section finds fit 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 analory and to quash the proceedings against the pe titioner herein. 9. Accordingly, the Criminal Petition is zrllor,r,ed ancl the proceedings in C. C. No. 34 of 2023, on the file of Additionzrl Jlrdicial MagisLrate of First Class, Bodhan, against the petitioner/ accused, :rre hcreby quashed. Miscellaneous applications, pending if any, sl-rarll statnd closcci. SD/- A. H. S. GOWRI SHANKAR SISTANT REGISTRAR //TRUE COPY// ECTION OFFICER I To, \ 1. The Addl. Judicial First Class Magistrate, Bodhan \ 2 The Station House Officer, Varni P. S. , Nizamabad 3 One CC to SRl. ALLURI DIVAKAR REDDY Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR, High Court at Hyderabad (OUT) 5. Two CD Copies VS\{, t'St- \.
$ HIGH COURT DATED:1611212025 {r (J 2 { JAt,l 2[26 t i' . {, . r' * ORDER of 2025 CRLP. No. 16879 PETITION ALLOWING THE CRIMINAL (D . ,1 - Lb I b
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