APHC010186562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3521] WEDNESDAY,THE FIFTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION NO: 2889/2026 Between: 1. YALAMARTHI SATYA KIRAN, S/O. VENKATA SATYA NARAYANA R/O. 1-115, MAIN ROAD, OPP HIGH SCHOOL, ETHAKOTA, ITHAKOTA, PO ITHAKOTA. WEST GODAVARI DISTRICT, ANDHRA PRADESH - 533238 2. THANGELIA SIVARAJU, S/O. SUBBAREDDY, R/O. 5- 13,KRISHNAPURAM, BUSARAJUPALLE, ANDHRA PRADESH - 534448 3. RAJAPARTHI SUNEEL KUMAR, S/O. RAJAPARTHI SATYANARAYANA R/O. 1-101, REDIA RAMALAYAM STREET, GOPALAPURAM, RAVULAPALEM, GOPALAPURAM, EAST GODVARI DISTRICT, ANDHRA PRADESH - 533274 ...PETITIONER/ACCUSED(S) AND 1. THE STATE OF ANDHRA PRADESH, Rep by it's Public Prosecutor. S.H.O. Jangareddigudem, High Court of Andhra Pradesh. ...RESPONDENT/COMPLAINANT Counsel for the Petitioner/accused(S): 1. PILLIX LAW FIRM 2 Counsel for the Respondent/complainant: 1. PUBLIC PROSECUTOR The Court made the following: ORDER: The Criminal Petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘the Cr.P.C.,’)/Section 528 of the BharatiyaNagarikSurakshaSanhita, 2023 (for brevity ‘the BNSS’)seeking to quash the proceedings against the Petitioners/Accused Nos.1to3 in C.C.No.551 of 2023 on the file of the learned Judicial First Class Magistrate, Jangareddigudem(for brevity, ‘the learned Trial Court’). 2. The learned counsel for the Petitioners submits that the Petitioners have been wrongly implicated in FIR No.133 of 2023 of Jangareddigudem Police Station for offences under Sections 420 read with 34 of the Indian Penal Code, 1860 (for brevity, ‘the I.P.C.,) and Section 7(1) of the Essential Commodities Act, 1955 (for brevity, ‘the E.C Act’), though no ingredients of these offences are made out. He further submits that the learned Joint Collector – cum – Additional District Magistrate, Eluru, in 6-A proceedings (Roc.No.CS1/140/ECA-57/2023), after verifying B-register entries and bills, ordered unconditional release of seized stocks and dropped charges, thereby confirming the legitimacy of the Petitioners’ operations. 4. Per contra, Sri A.Sai Rohith, learned Assistant Public Prosecutor, submits that the FIR and Charge Sheet disclose a clear prima facie case of diversion of PDS rice, supported by seizure and confession. He further 3 submits that the Collector’s administrative release order does not absolve criminal liability, and the offences under Section 7(1) of ‘the E.CAct’ and Section 420 read with 34 of ‘the I.P.C.,’ attracted as the State and beneficiaries stand deceived. It is further submitted that quashing at this stage would amount to stifling a legitimate prosecution, and the trial must proceed. 6. Heard learned counsel for Petitioners and the learned Assistant Public Prosecutor. Perused therecord. 7. Thoughtful consideration is bestowed on the arguments advanced by the learned Counsel for both sides. I have perused the entire record. 8. In the light of the case of the prosecution and the contentions of the learned Counsel for both the sides, now the point for consideration is: “Whether the proceedings in C.C.No.551 of 2023on the file of the learned Judicial First Class Magistrate, Jangareddigudemare liable to be quashed in exercise of the inherent powers of the High Court under Section 482 of „the Cr.P.C.,‟/Section 528 of „the BNSS‟?” 9. On perusal of the record, the LW.1/Assistant Supply Officer, Eluru Division, in the charge sheet, lodged a complaint against the Petitioners before the Station House Officer, Jangareddigudem, for the alleged offences punishable under Section 420 read with 34 of ‘the I.P.C.,’ and Section 7(1) of ‘the E.C. Act’ which was registered as a case in Crime No.133 of 2023 on the file of Jangareddigudem Police Station. 10. After thorough investigation, the Station House Officer, Jangareddigudem Police Station, filed a Charge Sheet which was numbered as C.C.No.551 of 2023 on the file of ‘the learned Trial Court’. 4 11. The learned Joint Collector–cum–Additional District Magistrate, Eluru, vide proceedings Roc.No.CS1/140/ECA-57/2023 dated 17.06.2023, directed release of the entire stock in favour of the Petitioners and also ordered release of the vehicle in which the alleged essential commodities were sought to be transported. 12. The learned Joint Collector, having been convinced with the explanation of the Petitioners and on production of records and details by Petitioner No.1, which were duly verified and tallied with the ground stocks, accepted the explanation that the Petitioners were engaged in private business of purchasing paddy and selling rice in the open market while maintaining the ‘B’ Register. Consequently, the charges framed against the Petitioners were dropped. 13. The Proceedings under Section 6A of ‘the E.C. Act’ were thus passed by the learned Joint Collector on 17.06.2023. However, the Investigating Officer, without ascertaining the orders passed by the learned Joint Collector and without verifying the order dropping the action, hastily filed the charge sheet alleging that the Petitioners committed the offences mentioned supra. 14. In view of the dropping of proceedings by the learned Joint Collector under Section 6A of ‘the E.C. Act’, continuation of proceedings before the Criminal Court against the Petitioners amounts to abuse of process of law. 15. The learned counsel for the Petitioners relied on the judgments of a learned Single Judge of this Court in Crl.P.No.9070 of 2022 dated 23.11.2022 and Crl.P.Nos.4231 and 4233 of 2023 dated 21.11.2025, wherein under 5 similar facts and circumstances, the proceedings pending before the learned Judicial Magistrate were quashed.The instant case also standing on the similar footing. 16. In view of the above reasons, the Criminal Petition is allowed. The proceedings in C.C.No.551 of 2023 on the file of ‘the learned Trial Court’ are hereby quashed against Petitioners/Accused Nos.1 to 3. As a sequel, Miscellaneous petitions, if any pending, shall stand closed. _________________________ DR. Y. LAKSHMANA RAO, J Date: 15.04.2026 PRA 6 148 THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO CRIMINAL PETITION No.2889 of 2026 Date:15.04.2026 PRA