Court Finds Lack of Evidence for Deceptive Intent or Misappropriation, Deems Proceedings as Abuse of Process
In a significant ruling, the Telangana High Court, on February 4, 2026, quashed the proceedings against Sirigiri Shanker and two others in a case involving allegations of procuring Public Distribution System (PDS) rice for profit. The petitioners were initially charged under Section 420 of the Indian Penal Code (IPC) and Section 7 of the Essential Commodities Act, 1955.
Presiding Judge, Sri J. Sreenivas Rao, concluded that the charges against the petitioners lacked necessary evidence to sustain the allegations of deceptive inducement or criminal misappropriation. The court observed that the proceedings constituted an abuse of the legal process due to the absence of any complaint from beneficiaries or any indication of criminal intent by the petitioners.
The case stemmed from an incident on January 8, 2023, where the petitioners were allegedly found in possession of 20 bags of PDS rice, totaling 5 quintals, purportedly procured from beneficiaries at a cheaper rate with the intention of reselling for profit. However, the defense, led by Advocate Kandhikatla Sai Krishna, argued that without a direct complaint or evidence of deceptive procurement, the charges were unsustainable.
The ruling aligns with a previous decision by a Coordinate Bench in a similar case (Crl.P.No.7227 of 2025), where the court had quashed proceedings due to the lack of evidence indicating deceptive practices or misuse of PDS rice. The court applied the same rationale in exercising jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to dismiss the proceedings against the petitioners.
The decision underscores the court's commitment to ensuring that legal proceedings are substantiated by clear evidence and not merely based on unsubstantiated allegations, thereby protecting individuals from unwarranted legal action.
Bottom Line:
Proceedings under Section 420 IPC and Section 7 of the Essential Commodities Act, 1955 against petitioners quashed due to absence of allegations indicating deceptive intent or criminal misappropriation of PDS rice.
Statutory provision(s): Indian Penal Code, 1860 Section 420, Essential Commodities Act, 1955 Section 7, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
Sirigiri Shanker v. State of Telangana, (Telangana) : Law Finder Doc id # 2852675
