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Judgment
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 5, seeking to quash the proceedings in Crime No.393 of 2026 of Siddipet I Town Police Station, Siddipet District, registered 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. K. Vishnukanth, learned counsel for the petitioners, and Mr. V. Jithendar Rao, learned Additional Public Prosecutor for respondent Nos.1 and 2. With their consent, this criminal petition is disposed of at the stage of admission.
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 have not 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.842 of 2026 dated 28.01.2026. Hence, continuation of the proceedings against the petitioners is a clear abuse of the process of law.
He further submitted that the offences levelled against the petitioners are punishable with imprisonment of less than seven years. However, the Investigating Officer, without following the mandatory procedure prescribed 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, is proceeding with the investigation and the same is contrary to law.
Per contra, the learned Additional Public Prosecutor submitted that the petitioners with a dishonest intention purchased the rice which was ear marked for public distribution and there is conspiracy between the petitioners. The allegations levelled in the complaint are attracted the ingredients of the offence under Section 318(4) of the BNS and Section 7 of the E.C. Act. Whether the allegations levelled in the complaint are true or not, the same will be revealed during the course of investigation. The order which was relied upon by the learned counsel for the petitioner in Crl.P. No.842 of 2026 dated 28.01.2026 is not applicable to the facts and circumstances of the case on the ground that there is no iota of material that the petitioners have purchased the rice from the card holders.
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 (supra). However, the petitioners shall cooperate with the investigation. Hence the petitioners are not entitled to seek quashing of the proceedings at this stage.
The learned counsel for the petitioners by way of reply submitted that the petitioners will cooperate with the investigation.
Having considered the rival submissions made by the respective parties and after perusal of the material available on record, it reveals that 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 petitioners/accused Nos.1 to 5 are directed to appear before the Investigating Officer on or before 05.09.2026 and on such appearance, 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.
With the above directions, the Criminal Petition is disposed of.
Miscellaneous applications, pending if any, shall stand closed.
Footnotes
- 1.(2014) 8 SCC 273