Akber Mohd & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners, who were arrayed as accused Nos.1 to 3, seeking to quash the proceedings in F.I.R. No.952 of 2026, on the file of the Station House Officer, Patancheru Police Station, Cyberabad, for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short 'the BNS') and Section 7 of the Essential Commodities Act, 1955 (for short 'the E.C. Act').

Heard Mr. Dasi Ramesh, learned counsel for the petitioners, and Mr.V.Jithendar Rao, learned Additional Public Prosecutor for respondent Nos.1 and 2.

Learned counsel for the petitioners submitted that the petitioners have not committed any offence and have been falsely implicated in the present crime. Even according to the allegations levelled in the complaint, the ingredients of the offence under Section 318(4) of the BNS and Section 7 of the E.C. Act are not attracted on the ground that the petitioners had purchased the PDS rice from the card holders. The issue raised in this Criminal Petition is squarely covered by the order passed by this Court in Crl.P. No.9638 of 2026 dated 27.07.2026. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law.

Per contra, the learned Additional Public Prosecutor submitted that the petitioners have not placed any material to show that they have purchased the PDS rice from the card holders. The police seized the vehicle when they were transporting the rice from Telangana to Ahmedabad of Gujarat State. Whether the petitioners purchased the PDS rice from the card holders or from any other source, the same will be revealed during the course of investigation, especially the investigation is under progress.

He further submitted that the offences levelled against the petitioners are punishable with imprisonment of less than seven years and the Investigating Officer will follow the due procedure as contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS') and the guidelines issued by the Apex Court in Arnesh Kumar Vs. State of Bihar¹. Hence the petitioners are not entitled to seek quashing of the proceedings at this stage.

This Court considered the rival submissions made by the respective parties and perused the material available on record. The specific case of prosecution is that the petitioners have not placed any iota of material to show that the PDS rice was purchased from the card holders or in any other mode. Even according to the learned counsel for the petitioners, the petitioners have not purchased the rice from the card holders. Whether the petitioners purchased the PDS rice from the card holders or in any other source, is a disputed question of fact. In view of the same, the order relied upon by the learned counsel for the petitioners in Crl.P.No.9638 of 2026 dated 27.07.2026 is not applicable to the facts and circumstances of the case on the ground that in the said case, the specific case of the prosecution is that the petitioners therein had purchased the PDS rice from the card holders. However, the offences levelled against the petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer wants to follow the due procedure as contemplated under Section 35(3) of the BNSS.

In view of the same, the Investigating Officer is directed to scrupulously follow the due procedure as contemplated under Section 35(3) of the BNSS and the guidelines issued by the Hon'ble Apex Court in Arnesh Kumar (supra). The petitioners shall cooperate with the investigation. It is needless to mention that the petitioners are entitled to put forth their grievance before the Investigating Officer by raising all the pleas which are available to them and they are also entitled to submit the documents, which are in their custody, pursuant to the notice going to be issued by the Investigating Officer under Section 35(3) of the BNSS.

With the above directions, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.