Adla Thirupathaiah, 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 2026-04-29. Adla Thirupathaiah, 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 WEDNESDAY, THE TWENTY NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMINAL PETITION NO: 666 20F 2026 Between: 1. Adla Thirupathaiah, S/o, Lingaiah, Age: 34 years, Occ: Driver, R/o. H. No. 5-71, Kotra Village, Veldanda Mandal, Nagarkurnool District. 2. Nuthanaganti Ramulu, S/o, Pullaiah, Age. 43 years, Occ: Furniture shop, R/o. H. No. 2-7213, Gottimukkala Village, Devarakonda Mandal, Nalgonda Diskicl ... Petitioner/Accused No. 1 & 2 AND The State of Telangana, rep. by it's Public Prosecutor, High Court of Telangana at Hyderabad, Through The SHO Devarakonda Police station, Nalgonda District. ... Respondent 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 FlR. No. 149 OF 2026, dated.
22-04-2026, on the file the Devarakorrda Police Station, at Devarakonda, Nalgonda District against the Petitioners. 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 against the petitioners/Accused No. 1 and 2 in FtR. No. 149 OF 2026, dated. 22-04-2026, on the file the Devarakonda Police Station, at Devarakonda, Nalgonda District including diespence with the appreance of the petitioners till the disposal of the Main petition in euash the interest of the ;ustice This Petition coming on for hearing, upon perusing the Memorandum of Grounds of criminar petition and upon hearing the arguments of Sri Ramuru Pasupula, Advocate for the petitioners ar d sri Jithender Rao Veeramala, the Additional l)ublic Prosecutor on behalf of the Respondent.
The Court made the following: ORDER ,t: IN THE HIGH COURT FORTHE STATE OF TELANGANA AT HYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRJMINAL PETITION No. 6662 of 2026 Date:29. 04. 2026 Between: Adla Thirupathaiah and another . Petitioners AND The State ofTelangana . Respondent ORDER This Criminal Petition has been filed seeking to quash the proceedings in F. I. R. No. 149 of 2026 of Devarkonda Police Station, Nalgonda District, wherein the petitioners were arrayed as accused of Nos. l and 2, for the offences punishable under Section 318(4) the Bharatiya Nyaya Sanhitha,2023 (for short 'BNS') and Section 7 of the Essential Commodities Act, 1955 (for short 'EC Act'). 2. Heard Mr. Ramulu Pasupula, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, Iearned Additional Public Prosecutor for respondent No. l. 3. The specif,rc allegation against the petitioners/accused Nos.
l and 2 is that they have procured PDS rice from the beneficiaries at cheaper rqlle to sell the same for profit and on 22. 04-2026, the \ petitioners were found in possession of 26 % quintals o{PDS rice. kl i=:!? }l I 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 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 2019, while considering the same situation, categorically observed thal 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 ofthe 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 pctitioners have procured PDS rice from the beneficiaries after supply from the dealer. 7 . A Coordinate Bench of this Cou( in Crl. P. No.
7227 of 2025 has considered the identical facts and observed that: "There is no avernont indicaling that the in any way Petitioner deceptively induced the beneficiaries to part v)ith the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioner and they dishonestly misappropiated or converted to their own use or used it in violation of a lawful direction or contracl- In lhe absence of essential factors, on the face of proseculion, this Court finds it to be drtt case to exercise thejurisdiction under Sectittn 528 ofBNSS' 2023. Thus, conlinuance of proceedings against the Petilioner 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 f,rnds it to be a fit case to exercise jurisdiction under Section 528 of BNSS by applyrng the same analogy and to quash the proceedings against the petitioners herein. 9.
Accordingly, the Criminal Petition is allowed and the proceedings in F. I. R. No. 149 of 2026 of Devarkonda Police Station, Nalgonda District, against the petitioners/accused Nos. l and 2, are hereby quashed. Pending miscellaneous applications, if any, shall stand closed. SD,- N. S RIHARI ST REGI DEPUTY / COPY" ,fTRUE OFFICER SECTION To, rakonda' at Magistrate Class JudicialFirst 1. The Additional I ---/ Station' Nalgonda District Officer' Devarakonda Police Station House 2 The at Court for tlre State of Telangana' Prosecutor' High Two CCs to Public Hyderabad [OUTI to Sri Ramulu Pasupula' Advocate [OPUC] 4 On" a" q Two CD CoPies Sa/KA N HIGH COURT DATED: 2910412026 \ ) t ) Z 0 2 I'1AI 1 . Jil ! :t ORDER 42, ,,, + CRLP. No. 6662 of 2026 - . - i. i-^. -. _it ALLOWING THE CRIMINAL PETITION C{,' )r'
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