Shaik Mohammed Ishaq 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 2026-04-27. Shaik Mohammed Ishaq v. The State of Telangana. Read the judgment and case details on LawSphereX.
Judgment text
[ ] IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD MONDAY, THE TWENTY SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE J SREENIVAS RAO CRIMlN AL PETITI ON NO: 17604 oF 2025 Between: 1 Shaik Mohammed lshaq, S/o Shaik Sadiq, Age. 3. 1 years, Occ. Driver, R/o. Phule Nagar, Dharmabad, Maharashtra State Z Shaik Majeed, S/o. Shaik Hanoomiya. Age 26 years, Occ. Driver, R/o. phule Nagar, Dharmabad, Maharashtra Siate. 3 Shaik Taher, Sio. Shaik Fayaz, Age. 36 years, Occ. Business, R/o. Sofi Nagar, Nirmal District, Telangana Stite. 4 Shaik Abdul Rauaf, S/o. Abdul Rahim, Age. 35 years, Occ. Business, R/o. Siddarthnagar, Dharmabad, Maharashtra S-tate. 6 Shaik Ajmat Shaikh Sadakh, S/o Shaikh Sadakh, Age. 30 years, Occ. Driver, R/o. Phule Nagar, Dharmabad, Maharashtra State. ... PETITIONER/ACCUSED NO. 1 TO 5 AND The State. of Telangana, Rep by the public prosecutor, High Court at Hyderabad for the State of Telangana. z D. Jyothimani, WPSI police, R/o.
police Station, Soan, Nirmal District, Telangana State. ... RESPONDENTS Petition under Section. 52B of BNSS praying that in the circumstances stated in the Memorandum of Grounds oJ criminar petiiioni, the High corrt ,")/ o" pr. "r"i t" quash the pro_ceedings in cc No. s93 of 2021 on the fite or tne eitncipir-JJiliur Magistrate of First crass at Nirmar in so far as petitioneis / Accused 1 to 5 l. A. NO: 2 oF 2025 Petition under section. 52g-of BNSS praying that in the circumstances stated in the Memorarrdum of Grounds of criminar petiiio; the High court may oe pr"rr"i t" ni of aI further proceedings against -r 9. " ^r-t. v the petitioners / Accused to 5 in cc No.
593 of 2021 on the fire of the eiinci-par Judiciai Magistrate of First ctass ai Nirmar pending drsposal of the main criminal petition This Petition comino on for hearing, upon perusing the Memorandum of Grounds of crrminar petiron and upon hearing the arguments of sri ALLURT DIVAKAR REDDv Advocare for the petition", ina tn" ill'v-L,ii"ri. i'hf ioo, Pub,c Prosecutor on behalf of the Responoent r. rot and none appeared for the Respondent No2. The Court made the following: ORDER Y IN THE HIGH COURT FOR THE STATE OF TELANGANA AT IIYDERABAD THE HONOURABLE SRI JUSTICE J. SREENIVAS RAO CRIMINAL PETITION No. 17604 of 2025 Date:27. 04. 2026 Between Shaik Mohammed Ishaq and four others ... Petitioners AND The State ofTelangana and another Respondents ORDER I i This Criminal Petition has been filed by the I I I I petitioners/accused Nos. l to 5, seeking to quash the proceedings in i I C. C. No. 593 of 2021, on the file of the Principal Judicial Magistrate I t t l of First Class, Nirmal.
i I i I 2. Heard Mr. Alluri Divakar Reddy, leamed counsel lor the I i petitioners and Mr. Jithender Rao Veeramalla, leamed Additional Public Prosecutor for respondent No. I . 3. The specific allegation against the petitioners/accused Nos. l to 5 is that they have procured PDS rice from the beneficiaries at cheaper rate to sell the same for profit and on ll'08. 2021, the petitioners were found in possession of 75 quintals of PDS rice. 4. Leamed 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 cdminal intent and charging the petitioners for prosecution is untenable and 'lhe irnproper. allegations, even taken at their face value cannot be sustained against the petitioners. Further, this Court, tn Crl. P. No.
5709 ol 2019, while considering the same situation, categoricalli observed that the offences atleged against the petitioners therein could not be continued and accordingly quashed the proceedings. The petitioners are also entitled to the same reliel and hence prayed to quash the proceedings against the petitioners. '[he 5 leamed Addirional Public Prosecutor submits that as per prosecution. the olfences said to have been committed by the pe titioners 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 rvith the production, supply, distribution and trade of essentiai coinmoditie-s. is punishable. As per the prosecution, the petrtroners have procured pDS rice from the beneficiaries after supply fiorn the dealer 7. A Coordinate Bench of this Court in Crl. p. No. 7227 of 2025 has considered the identical facts and observed that: 'l'hcre i.
t )to avtl \, t indicuting thqt lhe pelitioner in any *. ay deceptittl| inducc,:l the bcne. ficiaries to p. trt wilh the supplicd pDS rice or lhe bcncJiciury entnrsted the pDS rice purchased by thcm witll the petitioncr and they dislrtnestl. y nisappropriqted or conuerte(l Io their w own use or used it in violatton oJ a luwlul direction or contract. In the absence of essential factors, on the face of Prosecution, this Courr it a]it the jurisdiction under of rtnds lo be case to exercise Secrion 528 BNSS, 2023. Thus, contintunce of proceedtngs 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 flt 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.
593 of 2021, on the file of the Principal Judiciat Magistrate of First Class, Nirmal, against the petitioners/accused Nos. I to 5, are hereby quashed Pending miscellaneous applications, if any, shall stand closed. SD/- P. C. SULEKHA DEVI ASSISTANT REGISTRAR 6 //TRUE COPY// SECTION OFFICER To, 1. The Principal Judicial Magistrate of First Class at Nirmal 2. The Station House Officer Police Station Soan , Nirmal District 3 One CC to SRI ALLURI DIVAKAR REDDY Advocate [OPUC] 4. Two CCs to PUBLIC PROSECUTOR High Court for the State of Telangana, at Hyderabad [OUT] 5. Two CD Copies & '-'=----f-=. -. :_-'!! Er: il HIGH COURT DATED: 27104t2026 -'1= '. - . :i'- Ml \) ,ti{. tt" '. r{',:\ ', (.. .. ;\' .. '. /," ,). I '(' lt' 7- 9 AP8 ? t7i \ i2 . -{1, . t * ORDER i'. ,' CRLP. No. 17G04 of 2025 ALLOWING THE CRLP 'Lb u,
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.