GADDAM SRAVAN KUMAR Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 528 of Bharatiya Nagarik Suraksha Sanhita (for short 'BNSS') to quash the proceedings against the petitioner/accused in C.C.No.44 of 2024 on the file of the learned I Additional Chief Metropolitan Magistrate, Hyderabad, registered for the offences punishable under Sec. 420 of the Indian Penal Code, 1860 (for short 'IPC') and Sec. 7 of the Essential Commodities Act, 1955 (for short 'the Act') and Ss. 17(e) of the Telangana State Public Distribution System (control) Order, 2016 (for short 'the Act, 2016).

(2.) The brief facts of the case are that respondent No.2 - Sub Inspector of Police, Secretariat Police Station, Hyderabad, lodged a complaint against the petitioner stating that when he along with his staff were performing vehicle checking near railway gate, MS. Maqtha, they found 26 bags of PDS rice and 6 bags of PDS wheat from the custody of Wazeed and Md. Isaq while transporting in goods trolly vehicle and when respondent No.2 enquired about the said goods, they informed that they have collected the same from the petitioner and they have to handover the said goods to Chand alias Syed Ashfaq. Basing on the said complaint, the Police registered a case in Crime No.55 of 2024 for the offences punishable under Sec. 420 of IPC, Sec. 7 of the Act and Sec. 17(e) of the Act, 2016 and after completion of investigation, the Police filed charge sheet, vide C.C.No.44 of 2024, before the learned I Additional Chief Metropolitan Magistrate, Hyderabad.

(3.) Heard Sri P. Vamsheedhar Reddy, learned counsel appearing on behalf of the petitioner as well as Sri D. Arun Kumar, learned Additional Public Prosecutor appearing on behalf of the respondents.