Telangana High Court
1Chiluveru Sathya Narayana vs The State Of Telangana on 14 August, 2024
THE HONOURABLE SMT. JUSTICE K. SUJANA
CRIMINAL PETITION No.9326 of 2024
ORDER:
This Criminal Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') by the petitioners/accused Nos.6 and 7 seeking to quash proceeding against them in C.C.No.52 of 2021 on the file of Judicial First Class Magistrate at Bellampalli, Mancherial District, for the offences punishable under Section 420 read with 34 of the Indian Penal Code, 1860 and Section 7 of the Essential Commodities Act, 1955.
2. Heard Sri K.Venumadhav, learned counsel for the petitioners and Sri Arun Kumar Doddla, learned Additional Public Prosecutor for respondent No.1 - State.
3. Learned counsel for the petitioner submitted that the petitioners are falsely implicated in the case and there are no specific allegations against the petitioners. Hence, he prayed this Court to allow the Criminal Petition by quashing the proceedings against them.
4. As seen from the record, on 09.07.2020 District Collector, Asifabad gave a finding stating that the District Civil 2 Supply Officer, Kumurambheem, Asifabad has submitted a report on 14.05.2020, which reveals that he has verified the stocks physically available at the mill with reference to the records maintained by respondent No.6 therein, such as A- Register and B-Register and found no variations in the stocks. Further, the District Civil Supply Officer has reported that he has verified the stocks handed over to the MLS point by the complaint, found there were 250 TSCSCL supplied bags at the rate of 50 Kg per bag, which counts to 125.00 quintals. The District Manager, TSCSCL, KB Asifabad has submitted analysis report on the 125.00 quintals of rice seized by the CSDT, Asifabad, on 16.05.2020 that the rice sample was conforming to FAQ specifications. The sample does not have recycling parameters such has loose bran, dead insects, larva, webbings and musty smell. It is pertinent to note that the complaint is given on 11.05.2020 and after that on 09.07.2020, the District Collector gave finding that there is no PDS rice found in the rice mill which belongs to accused No.6. Considering the facts and circumstances of the case, this Court is of the considered opinion that continuation of proceedings against the petitioner Nos.1 and 2/accused Nos.6 and 7, who are partner and manager of the said rice mill, is nothing but abuse of process of law. 3
5. Accordingly, this criminal petition is allowed and the proceedings against the petitioners/accused No.6 and 7 in C.C.No.52 of 2021 on the file of Judicial First Class Magistrate at Bellampalli, Mancherial District, are hereby quashed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date: 14.08.2024 Pss/gms .