APHC010006492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3396] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 119/2026 Between: 1. GOURIGALLA RAGHURAMUDU, S/O CHINNAKULLAYAPPA, AGED ABOUT 35 YEARS,OCC PADDY BUSINESS, R/O S.C. COLONY JAKKASANIKUNTIAVILLAGE, PEAPULLY MANDAL, KURNOOL DISTRICT. 2. M CHINNA SUNKANNA, S/O CHINNA GANGANNAAGED ABOUT 50 YEARS, OCC PADDY BUSINESS,R/O H.NO. 3/19, RANGAPURAM JAKKASANIKUNTIAVILLAGE, PAPLLY MANDAL, KURNOOL DISTRICT ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH S.H.O.,YADIKI POLICE STATION, ANANTHAPURAMU DISTRICT,REP. BY PUBLIC PROSECUTOR, HIGH COURT, AMARAVATI. 2. M K SURYA NARAYANA, CSDT OF YADIKI MANAL ANANTHAPURAM DISTRICT. ...RESPONDENT/COMPLAINANT(S): 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 call for the records relating to the Cr.No. 188 of 2024 of Yadiki Police Station, Ananthapuramu District, and quash the same thereon, 2 IA NO: 1 OF 2026 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 filing of the certified copy of the FIR in Cr.No. 188 of 2024 of Yadiki Police Station, Ananthapuramu District, in the interest of Justice. IA NO: 2 OF 2026 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 grant stay of all further proceedings in Cr.No. 188 of 2024 of Yadiki Police Station, Ananthapuramu District, pending disposal of the Criminal petition, Counsel for the Petitioner/accused(S): 1. P ADITYA HARSHA VARDHAN 2. PILLIX LAW FIRM Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 3 THE HONOURABLE DR JUSTICE VENKATA JYOTHIRMAI PRATAPA CRIMINAL PETITION NO: 119/2026 The Court made the following 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 Petitioners/Accused Nos.1 and 2, seeking quashment of the proceedings pending against them in FIR No.188 of 2024 dated 08.10.2024 of Yadiki Police Station, Ananthapuramu District registered for the offences punishable under Sections 318 (4) of BNS and Section 7(1) of EC Act. 2. Heard Sri. 2. Heard Sri. P.Kasi Nageswara Rao, learned counsel for the petitioners and Ms. K.Priyanka Lakshmi, learned Assistant Public Prosecutor on behalf of the State. 3. The specific allegation levelled against the petitioners/accused Nos.1 and 2 is that they have procured PDS rice from the beneficiaries at cheap rate to sell the same for profit and 08.10.2024 at about 01:30 PM, the petitioner No.1 was found in possession of PDS rice loaded in 407 vehicle. On questioning the whereabouts of the rice that is procured, i.e., bills or permission, the petitioner No.1 stated that as per the instructions of his owner i.e., petitioner No.2/accused No.2, he had been purchasing the PDS rice from the ration card holders in and around the Yadiki village at a lower price and used to sell the same at higher prices. 4 4. The learned counsel for the petitioners would submit that without there being any complaint from any beneficiary, the rice was procured deceptively or with a criminal intent, charging the petitioners for prosecution is untenable and improper. The allegations on their face value cannot be sustained against the alleged offences. Further, the learned counsel for the petitioners has drawn the attention of this Court to the orders passed in Crl.P No.5709 of 2019 and W.P No.33493 of 2015 passed by the High Court for the State of Telangana, wherein it was observed that the offences alleged against the petitioner therein cannot be continued and quashed the proceedings. The petitioners are also entitled to same relief, hence prayed to quash the proceedings of the petitioners. 5. Perused the material available on record. 6. As per the prosecution, the offence said to have been committed by the petitioners is cheating and violation of Section 7(1) of the EC Act. 7. Sections 7 and 8 of the Act contemplate that any person contravenes with the production, supply, distribution and trade of essential commodities or abatement in this regard is punishable. As per the prosecution, the petitioners have procured PDS rice from the beneficiaries after supply from the dealer. The situation does not amount either intervening with the supply or distribution or trade of the PDS rice, as the material rice had reached the beneficiary. 8. That apart, there is no averment indicating that the petitioners in any way deceptively induced the beneficiaries to part with the supplied PDS rice or 5 any beneficiary entrusted the PDS rice purchased by them with the petitioners and they dishonestly misappropriated or converted their own use or used it in violation of a lawful direction or contract. In the absence of essential factors, on the face of prosecution this Court finds it fit to exercise the jurisdiction under Section 528 of BNS. Further, in the criminal petitions referred to supra, the High Court for the State of Telangana has considered the identical cases and drawn similar conclusions. Thus, continuing criminal proceedings against the petitioners is mere abuse of process of law. 9. In view of the aforementioned premises, this Criminal Petition is allowed and the proceedings in Crime No.188 of 2024 pending against the petitioners/accused Nos.1 and 2 for the offences punishable under Sections 318 (4) of BNS and Section 7(1) of EC Act are hereby quashed. Pending applications, if any, shall stand closed. _________________________________________ DR JUSTICE VENKATA JYOTHIRMAI PRATAPA Date:08.01.2026 Ksj