Pasupuleti Reddappa v. State Of Telangana

IN THE HIGH COURT FOR THE STATE OF TELANGANA

AT HYDERABAD MONDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY THREE : PRESENT:

THE HONOURABLE SRI JUSTICE K.SURENOER CRIMINAL PETITION NO: 4811 OF 2018 li BETWEEN:

Pasupuleti Reddappa, S/o. Venkatesh, Aged about 51 years, Occ. A.p.S.R.T.C., Controller, Rl/o. Madanapalle Town 136 Mandal, Chittoor Diskict, AND ... Petitioner/Accused No.s

1. The State Of . Telangana, Rep. by its Public prosecutor, High court of Judicature at Hyderabad For the State of Telangana and the StaG of Andhra Pradesh.

2. Maloth Jamla, Rl/o. Mallupalli Village, Konijerla Mandal,Khammam District ... Respondents/De-facto Complainant Petition under Section 482 of Cr.P.C, praying that in the circumstances stated in 'the affidavit filed in support of the Criminal Petition, the High Court may be pleased to quash the Proceedings la CC in 476 of 2017 on the file of the lll Additional Judicial Magistrate of First class at Khammam. lA NO: 1 OF 2018 Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings including APPEARANCE the petitioner herein in CC No. 476 oi 2017 on the file of the Court of the lll Additional Judicial Magistrate of First Ctass at Khammam, Khammam District.

...

The petition comirig , on for hearing, upon perusing the petition and the affidavit filed in support thereof and upoh,hearing the arguments of Sri, Guttapalem Vijaya Kumar, Advocate for the Petitioner, the Public Prosecutor for the Respondent. No.1 and None appeared for the respondent no.2. The Court made the following: ORDER

THE HONOURABLE SRI IUSTICE K.SURENDER CRIMINAL PETITION No. 4811 OF 2018 ORDER:

The Criminal Petition is filed under Section 492 of the Code of Criminal Procedure (for short Cr.p.C.) by the petitioner/ Accused No.5 to quash the proceedings in C.C.No.476 of 20lZ on the file of the III Additional Judicial Magiskate of First Class at Khammam, registered for the offences under Sections 420 r/w 120_8 of Indian Penal Code and Sections 19(a) and 21 of Seeds Act, 1966. 2.

Heard learned counsel for the petitioner and learned Additional Public Prosecutor appearing for the respondent_State and perused the record.

3.

The petition is filed seeking to quash the proceedings against the petitioner/accused No.5, who is arrayed as Accused No.5 for the offences under Sections 420 r/w 'l2O-B of Indian' penal Code and sections 19(a) and 21 ofSeeds Act,-1966.

4.

This complaint was filed on the basis of the statement of the farmers stating that this petitioner along with others have induced

=-Lra \ ', .1iffi \,F..] the farmers into buying spurious seeds. The said seeds were purchased, resulting in heavy losses to the farmers. 5.

Learned counsel for the petitioner would submit that petitioner is controller in APSRTC and it cannot be said that he has anything to do with inducing of the other accused for selling seeds. 6.

The case is circumstantial in nature and when it is specifically stated by the farmers that tl'ris petitioner was also one of the person, who had gone to the village and induced the farmers to buy spurious seeds, this Court under Section 482 Cr.P.C cannot decide the defence of the petitioner that he was not present along with the other accused. Nor the defence taken by the petitioner that he was only a partner and he has nothing to do with the affairs of the selling seeds. All the said aspects of the defence can be agitated before the trail Court.

7.

The attendance of the petitioner- Accused No.5 is dispensed with subject to filing an affidavit by the petitioner stating that in his absence, the proceedings conducted by their counsel will not be disputed by him in any manner and shall not dispute his identity

also. However, the petitioner-Accused No.5 shall appear before the learned Magistrate as and when his presence is required. In the event of failure of the petitioner to appeai when the Court directs, this order dispensing with his attendance shall stand cancelled. 8.

Accordingly, the Criminal Petition is disposed off. Needless to say, in the event of the petitioner filing an application seeking discharge if charges are not framed, the concerned Court shall dispose it of on merits within a period of four (04) weeks Miscellaneous applications pending, if any, shall stand closed. ?

i SD. V.HARI PRASAD ASSTSTANT RFGISTRAR i\--- SECTION OFFICER 'j .t I To, .1 //TRUE COPY// The lll Additional Judicial Magistrate of First Class, Khammam' The Station House Officer, Koni.ierla Police Station, Khammam' One CC to SRl. GUTTAPALEM VIJAYA KUMAR, Advocate [OPUC] Two CCs to The Public Prosecutor, High Court for the State of Telangana' .KMS .> touTI.

5. Two CD CoPies YJR \ I I

HIGH COURT KS, J DATED: 2011112023 J i T I a I

ORDER

( HE SIAT e CRLP.No.4811 of 2018 3 19 JAN 202[ u J za -h * * o €s pn'r CH.

I i t '' DISPOSING,OF* THE CRIMINAL PETITION .\\9 a* i