Akula Krishnamurthy v. The State of Telangana,
Court: High Court for State of Telangana
Bench: TIRUMALA DEVI EADA
Judgment date:
Case summary
High Court for State of Telangana judgment dated 2026-01-20. Akula Krishnamurthy v. The State of Telangana,. Read the judgment and case details on LawSphereX.
Judgment text
134441 IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD TUESDAY, THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION NO: 449 OF 2026 Between: Akula Krishnamurthy, S/ o. Uppalaiah, Age. 50 Years, Occ. Owner of Auto Y adlakonda bearing No TS 03 UA 1505, R/ o. H. No 1 -2032, Village, Parvathagiri Mandal, Warangal Distnct ,PETITIONER/ACCUSED AND 1. The State of Telangana,, through S. H. O , P. S. lnavolu, Hanumakonda District' represented by Pu6tic Prosecuior, High Court at Hyderabad ... RESPONDENT 2. Sri. R. S. Sharma,, Age. 59 Years, Occ. ASl-85O, P. S. lnavolu, Hanumakonda District, Cell No. 87'12685030 ... RESPONDENT/DE-FACTO COMPLAINANT Petition under section 528 of BNSS praying that in the circumstances stated in the lVlemorandum of Grounds of criminal Petition, the High court may be pleased to quash the charge sheet in c. c.
No 327 of 2025, on the file of the I Additional Judicial First Cliss Magistrate at Hanumakonda, Hanumakonda District, and to pass such other order or orders as this Hon'ble court may deem fit and proper in the interest of justice. l. A. NO: 2 OF 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 the be pleased to stay of all f urther proceedings including appearance . of .. f etiiionertRccuseo in c. C. No. 327 of 2025, on the file of the I Additional Judicial First Class Magistrate at Hanumakonda, Hanumakonda District, and to pass such other order or orders as this Hon'ble court may deem fit and proper in the interest of justice. ry This Petition coming on for hearing, upon perusinll t te I\4emorandum of Grounds of Criminal Petition and upon hearing t re arguments of Sri K.
Venumadhav, Advocate for the Petitioner and c,i Srr Jitender Rao Veeramalla, Additional Public Prosecutor for the Rer; )ondent No 1 I and none appeared for the Respondent/De-facto Complainant. The Court made the following: ORDER I i I l IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD THE HON'BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No. 449 ot 2026 DATE OF ORDER:- 20. 01. 2026 Between: Akula Krishnamurthy, Fl/o. Warangal District . Petitioneri Accused AND The State of Telangana through SHO, P. S. lnavolu, rep. by its Public Prosecutor, High Court at Hyderabad & another. . . Respondents ORDER: 1. This Criminal Petition is filed under Section 528 of Bharatiya Nhgarik Suraksha Sanhita (BNSS), 2023 seeking to quash the proceedings against the petitioner/accused in C. C. No.
327 of 2O25, on the file of the learned I Additional Judicial First Class Magistrate at Hanumakonda, Hanumakonda District, registered for the offence punishable under Section 318(4) of BNS,2023 and Section 7 of Essential Commodities Act, 1955. 2. Heard Sri K. Venumadhav, Iearned counsel for the petitioner/accused as well as Sri Jitender Rao Veeramalla, the EtD) CrlP No. 449 2025 learned Additional Public Prosecutor appearing for 1 te respondent No. 1- State. 3. The specific allegation against the petitio I ;r is that he purchased PDS rice from ration card holders at twer price for . 16:50 selling the same at higher price and on 06. 01. 2025;t about hours, the petitioner was found in possession of 10 l,r gs pDS of rice weighing about 02 Quintals 50 Kgs. 4.
Learned counsel for the petitioner would furj er submit that without there being any complaint from any benefici: ry alleging that the Rice was procured deceptively or with a crimina ntent, charging the petitioner for prosecution is untenable and i rproper. The allegations leveled against the petitioner canno be sustained. Further, this Cou( in Crt. p. Nos. 5709 of 2019 and i3493 of 2015, while considering the same situation, categorically ci served that the offences alleged against the petitioner therein canrr, ,t be continued and quashed the proceedings. The petitioner herei r is arso entitred to the same relief and hence prayed to quash ti e proceedings against the petitioner. 5. The learned Additional public prosecutor has submitted that as per prosecution, the offences said to have been r> rmmrtted by the €ID,J Crl. P. No. 449 2026 petitioner is cheating and violation of Seclions 7 and 8 of the Essential Commodities Act, 1 955 and hence requested to pass appropriate orders 6.
Perused the material available on record. 7. Sections 7 and 8 of the Essential Commodities Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abetment in this regard, is punishable. As per the prosecution, the petitioner herein had procured PDS Rice from the beneficiaries after supply from the dealer. I B. A Coordinate Bench of this Court in Crl. P. No. 7227 ot 2025 has considered the identical facts and observed that:- "There is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to paft with the supplied PDS rice or the beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or converted to their own use or used it in violation of a lawful direction or contract.
ln the absence of essential factors, on the face of prosecution, this Coui finds it to be a fit case fo exercise the jurisdiction under Section 528 of BNSS, 2023. Thus, continuance of proceedings against the petitioners rs abuse of process of law. " The facts and circumstances of the present I case also are similar to those in the above case and hence, this Court finds it to be ETOJ c. l. P. No. 449 2026 a fit case to exercise jurisdiction under Section 528 r f BNSS, 2023 by applying the same analogy and to quash the proce _'dings against the petitioner herein. 10. Accordingly, the Criminal petition is alkr, red and the proceedings against the petitioner/accused in C. C. lJ >. 327 of 2025, on the file of the learned I Additional Judicial First O rss Magistrate at Hanumakonda, Hanumakonda District, are hereby , uashed. 11 Miscellaneous petitions pending, if any, shall s:r nd closed I SD/. ' SRINIVASA REDDY I AS{; STANT REGISTRAR t I I //TRUE COPY// SECTION OFFICER To, 1.
The I Additional Judrcial First Class Magistrate at Hanur akonda, Hanumakonda Drstrict. 2 The Station House Officer, P. S. lnavolu, Hanumakond:r )istrict. 3. Sri. R. S. Sharma,, Age. 59 Years, Occ. ASl-850, P. S. lna rolu, Hanumakonda District, Cell No. 8712685030 4 One CC to SRl. K VENUMADHAV Advocate [OPUC] 5. Two CC to Public Prosecutor, High Court at Hyderabarl OUTI 6. Two CD copies. o STB/PSL I I HIGH COURT DATED:2010112026 slAiE 'Jc v <.. tB 2tl2[ 0I C) )-^ ORDER ::. i CRLP. No. 449 of 2026 ^r. : :-:= CRIMINAL PETITION IS ALLOWED ,
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