APHC010510082025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10007 OF 2025 Between: 1. Moka Charan Raju, S/o. Late Srimannarayana, Aged 35 Years, Occ Fair Price Shop Dealer,R/o. H. NO. 4 Mandal, Bapatia District 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor A.P, Amaravati through Adavuladeevi Police Station,Bapatia District, at Nelapadu, Amaravathi, Guntur District. Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Me Criminal Petition, the High Courtpleased to Quash the proceedings in Cr. No.71 of 2025 on the file of the Adavuladeevi Police Station, Bapatia District against the Petitioner/Accused and to pass such other order or orders, as this Hon'ble Court may deem fit and proper in the circumstances of the case. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10007 OF 2025 1. Moka Charan Raju, S/o. Late Srimannarayana, Aged 35 Years, Occ Fair Price Shop Dealer,R/o. H. NO. 4-181/1, Achyutapuram Village,Nizampatnam ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Public Prosecutor,High Court of A.P, Amaravati through Adavuladeevi Police Station,Bapatia District, at Nelapadu, Amaravathi, Guntur District. ...Respondent Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to Quash the proceedings in Cr. No.71 of 2025 on the file of the Adavuladeevi Police Station, Bapatia District against the Petitioner/Accused and to pass such other order or orders, as this Hon'ble Court may deem fit and proper in the circumstances of the IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA 1. Moka Charan Raju, S/o. Late Srimannarayana, Aged 35 Years, Occ Fair 181/1, Achyutapuram Village,Nizampatnam ...Petitioner ,High Court of A.P, Amaravati through Adavuladeevi Police Station,Bapatia District, at ...Respondent Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS morandum of Grounds of Criminal Petition, the High Courtpleased to Quash the proceedings in Cr. No.71 of 2025 on the file of the Adavuladeevi Police Station, Bapatia District against the Petitioner/Accused and to pass such other order or orders, as this Hon'ble Court may deem fit and proper in the circumstances of the IA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with the Certified Copy in proceedings in FIR No:71/2025 On the file of the Adavuladeevi Police Station, Bapatia Dist., and pass IA NO: 2 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to dispense with the Certified Copy in proceedings in FIR No:71/2025 On the file of the Adavuladeevi Police Station, Bapatia Dist., and pass Counsel for the Petitioner: BABUJI TENNETI Counsel for the Respondent PUBLIC PROSECUTOR The Court made the following order: THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10007 OF 2025 ORDER: The instant criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C)/under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short ‘BNSS’) has been filed by the Petitioner/Accused, seeking quashment of the proceedings pending against him in Cr.No.71 of 2025 on the file Advuladeevi Police Station, Bapatla District for alleged offence under Section 318 (4) of BNS Act and Sec. 7(1) Essential Commodities Act. 2. The case of the prosecution is that, on receipt of credible information regarding illegal distribution of essential commodities in the black market, the Inspector of Police, Adavuladeevi Police Station, visited the shop of the petitioner on 05.01.2025 at about 5:00 p.m., along with mediators, and conducted physical verification of the stock available at the premises. During such inspection, variations were allegedly found to the extent of 430 kilograms of PDS rice, 43 packets of red gram dal, and 9 packets of sugar, as against the stock. The said stock was seized under a mediatornama in the presence of witnesses and handed over to the Village Revenue Officer, Borravaripalem Village, Nizampatnam Mandal, for safe custody. It is alleged that the petitioner procured the seized stock for illegal sale in the black market. Accordingly, a case under Section 6-A of the Essential Commodities Act was initiated, and the present Crime No.71 of 2025 was registered for offences under Section 318(4) of the BNS Act and Section 7 of the Essential Commodities Act. Aggrieved thereby, the present petition has been filed seeking quashment of the said proceedings. 3. Heard Sri T. Babuji, learned counsel for the petitioner, and Ms. K. Priyanka Lakshmi, learned Assistant Public Prosecutor for the State. 4. Learned counsel for the petitioner contends that the petitioner has not committed any offence, much less the alleged offences, and has been falsely implicated. He submits that there is no complaint from any cardholder or beneficiary alleging diverting of PDS stock by the petitioner. It is further submitted that the alleged stock variation was wrongly attributed to the petitioner without any credible evidence. 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 the said Act. 5. The specific allegation against the petitioner is that he procured PDS rice, red gram dal, and sugar from cardholders for personal gain, intending to divert the same to the black market, thereby violating the provisions of the Andhra Pradesh State Targeted Public Distribution System (Control) Order, 2018 read with the Essential Commodities Act, 1955. However, 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 commodities or diverted the same for personal profit. 6. 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 essentially 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. 7. Accordingly, the Criminal Petition is allowed. The proceedings initiated against the petitioner in Crime No.71 of 2025 on the file of Adavuladeevi Police Station, Bapatla District, are hereby quashed. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. _________________________________________ Dr. JUSTICE VENKATA JYOTHIRMAI PRATAPA Date: 16.10.2025 KKV HON’BLE DR. JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 10007/2025 Dated.24.09.2025 KKV COURT OF ANDHRA PRADESH:: AMARAVATI MAIN CASE NO.:Crl.P.No.10007 of 2025 PROCEEDING SHEET Sl. No. Date ORDER OFFICE NOTE 24.09.2025 Dr.VJP,J This Criminal Petition is allowed. (vide separate order) ________ Dr.VJP,J KKV