APHC010543372025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY, THE SIXTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10694/2025 Between: SRI BANDIMEKALA BALARAMUDU @ YADIKI BALU, S/O OBULESU, AGED ABOUT 56 YEARS, OCC BUSINESS, R/O AMBEDKAR COLONY, YADIKI VILLAGE AND MANDAL, ANANTHAPURAMU DISTRICT. ...PETITIONER/ACCUSED AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH AT AMARAVATI, THROUGH STATION HOUSE OFFICER, YADIKI POLICE STATION, ANANTHAPURAM DISTRICT. 2. P VENKATESWARLU, S/O NOT KNOWN THE PETITIONER. AGED MAJOR, OCC S.I. OF POLICE, YADIKI POLICE STATION, ANANTHAPURAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): Counsel for the Petitioner/accused: 1. SRAVAN KUMAR NAIDANA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The instant petition under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short 8BNSS9) has been filed by the Petitioner / Accused No.5, seeking quashment of proceedings against him in C.C.No.1186 of 2023 on the file of the Court of Judicial First Class Magistrate, Tadipatri, Ananthapuramu District for the offences under Section 420 read with 34 IPC and Section 7(1) of Essential Commodities Act (for short 8EC Act9). 2 2. Heard Sri Sravan Kumar Naidana, learned counsel for the Petitioner and Ms.K.Priyanka Lakshmi, learned Assistant Public Prosecutor for State. 3. Learned counsel for the Petitioner / Accused No.5 would submit that the Petitioner has not committed any offence, much less the alleged offences. It is submitted that the Police have falsely implicated the Petitioner under the influence of political persons. It is further submitted that there is no complaint from any cardholder or beneficiary alleging diversion of PDS rice by the Petitioner for his personal benefit. It is also submitted that, in view of the circular issued by the Government of India excluding paddy and rice from the purview of the Essential Commodities Act, 1955, no case is maintainable under Section 7(1) of EC Act. 4. Learned Assistant Public Prosecutor would submit that the Court may pass appropriate orders. 5. It is alleged in the present case that, Accused No.1, 4 to 6 are in the habit of collecting PDS rice unauthorizedly by beating the Government and also public and transporting the same in the vehicles belong to Accused Nos.2, 3 and 7 and keep the rice bags in the rice mill of Accused No.4. While so, on 30.08.2022 as per the instructions of Accused Nos.4 and 5, Accused Nos.2, 3 and 7 loaded the PDS rice bags into their autos from the surrounding villages of Yadiki and brought the same to the rice mill and thereby cheated the Government. 6. Section 7 of the EC Act contemplates that any person contravenes with the production, supply, distribution and trade of essential commodities, is 3 punishable. In the instant case, the allegation against the Petitioner / Accused No.5 is that, on the instructions of the Petitioner and Accused No.4, Accused Nos.2, 3 and 7 unauthorizedly loaded the PDS rice bags in their autos and unloaded them in the rice mill of Accused No.4. However, there is no averment to the effect that the Petitioner deceptively induced the beneficiaries to part with the supplied PDS rice or any beneficiary entrusted the PDS rice purchased by him with the Petitioner and he dishonestly misappropriated or diverted the same for his personal profit. Further, there is no material to show that any cardholder or beneficiary has lodged a complaint alleging that the Petitioner induced them to part with the supplied PDS rice or diverted the same for personal profit. 7. In the absence of any complaint from the beneficiaries or any material establishing the ingredients of cheating or dishonest misappropriation, and considering that the dispute pertains to alleged stock variation without evidence of criminal intent, this Court is of the view that continuation of the proceedings against the Petitioner would amount to abuse of process of law. 8. Accordingly, the Criminal Petition is allowed. The proceedings against the Petitioner / Accused No.5 in C.C.No.1186 of 2023 on the file of the Court of Judicial First Class Magistrate, Tadipatri, Ananthapuramu District, are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. ________________________________________ Dr.JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:16.10.2025 Dinesh 4 HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA Crl.P.No.10694 of 2025 Dt.16.10.2025 Dinesh