Mohammed Abdul Waheed & Ors. vs The State Of Telangana & Anr.

This Criminal Petition has been filed by the petitioners/accused Nos.1 to 4 seeking to quash the proceedings in Crime No.258 of 2026 of Nizamabad I Town Police Station, Nizamabad District, for the offences punishable under Section 318(4) of the Bharatiya Nyaya Sanhita, 2023 (for short, 'BNS'), and Section 17(c) of the Telangana State Public Distribution System (Control) Order, 2016 (for short 'TSPDSCO').

Heard Mr.G.Basappa, learned counsel representing Mr.A.Divakar Reddy, learned counsel for the petitioners and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondents.

With their consent, the criminal petition is disposed of at the stage of admission.

Learned counsel for the petitioners submitted that the petitioners have not committed the alleged offences and have been falsely implicated in the present crime. Even according to the allegations levelled in the complaint the ingredients of Section 318(4) of the BNS and Section 17(c) of the TSPDSCO are not attracted against the petitioners. He further submitted that the petitioners had purchased rice from the cardholders. He further submitted that the issue raised in this criminal petition is squarely covered by the order passed by this Court in Crl.P.No.2970 of 2026, dated 03.03.2026.

Per contra, the learned Additional Public Prosecutor submitted that petitioner No.4/accused No. 4 is the Fair Price Shop dealer, who is the mother of petitioner No.1/accused No.1. He submitted that petitioner Nos.1 and 4/accused Nos.1 and 4, in pursuance of the conspiracy, diverted the PDS rice entrusted to accused No.4 to the black market for sale at a higher rate. The said allegations attract the ingredients of Section 318(4) of the BNS and Section 17(c) of the TSPDS (Control) Order, 2016. Hence, the petitioners are not entitled to seek quashing of the proceedings. He further submitted that the order passed in Crl.P.No.2970 of 2026 is not applicable to the present case, as the petitioners therein had purchased PDS rice from the cardholders. However, since the offences alleged against the petitioners are punishable with imprisonment of less than seven years, the Investigating Officer intends to follow the procedure contemplated under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 'BNSS') and the guidelines laid down by the Hon'ble Apex Court in Arnesh Kumar Vs. State of Bihar^{11.(2014) 8 SCC 273}. However, the petitioners are avoiding receipt of notice under Section 35(3) of the BNSS and are not cooperating with the investigation.

By way of reply, learned counsel for the petitioners submitted that petitioners will cooperate with the investigation, and submit their reply/explanation along with relevant documents. He further submitted that the Investigating Officer may be directed to follow the due procedure as contemplated under the provisions of the BNSS.

Having considered the rival submissions made by the respective parties and upon perusal of the material available on record, it reveals that the offences levelled against petitioners are punishable with imprisonment of less than seven years. Even according to the learned Additional Public Prosecutor, the Investigating Officer will follow the procedure contemplated under Section 35(3) of the BNSS and also the guidelines formulated by the Apex Court in Arnesh Kumar (supra).

In view of the above, petitioners are directed to appear before the Investigating Officer on or before 31.08.2026 and the Investigating Officer is directed to follow the procedure contemplated under Section 35(3) of the BNSS and follow the guidelines issued by the Apex Court in Arnesh Kumar (supra). It is needless to mention that the petitioners are entitled to put forth their grievance, if any, upon receipt of notice under Section 35(3) of the BNSS, and produce all documents available with them before the Investigating Officer. The petitioners shall also cooperate with the investigation.

Accordingly, the Criminal Petition is disposed of.

Miscellaneous applications, pending if any, shall stand closed.

Two CD Copies KAM/KA