Pasupuleti Reddappa v. The State Of Telangana

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IN THE HIGH COURT FOR THE STATE OF TELANGANA

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

THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:4787 OF 201 8 BETWEEN:

Pasupuleti Reddappa, S/o- Venkatesh, Aged about 51 years, Occ. APSRTC, Controller, R/o. Madanapalle Town and Mandal, Chittor Dishict. ... Petitioner/Accused No.5 AND

1. The State of Telangana, Rep. by it's the Public Prosecutor, High Court at Hyderabad for the State of Telangana and the State of Andhra Pradesh.

2. Bindu Venkata Narayana, S/o. Veera Swamy, Aged about 42 years, Occ. Agriculture, Ryo. Patarlapadu Village, Chinthakani Mandal, Khammam Dist. , petition under section 482 of cr.p c, p:;''ff[::li:i::t;::ff[:rff:: in , the affidavit filed in support of the Criminal Petition, the High Court may be pleased to Quash the Proceedings in C.C.No315 of 2017 on the file of the lllAdditional Judicial Magistrate of First Class, Khammam District. 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 C.C.No.315 of 2017 on the file of the Court of the lll Additional Judicial Magistrate of First Class, Madhira, Khammam District.

The Petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon 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 JUSTICE K.SURENDER CRIMINAL PETITION No.4787 OF 2018 ORDER:

The Criminal Petition is filed under Section 482 of the Code of Crirninal Procedure (for short CI.P.C.) by the petitioner/Accused No.5 to quash the proceedings in C.C.No.315 of 2077 on the file of the III Additional Judicial Magistrate of First Class, 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,1,966 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 120-8 of Indian Penal Code and sections 19(a) and 2L of Seeds 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

\re a the farmers into buying spurious seeds. The said seeds were purchased, resulting in heavy losses to the farmers. Leamed counsel for the petitioner would submit that petitioner is controller in AI'SRTC 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 this 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 leamed Magistrate as and when his presence is required. ln the event of failure of the petitioner to appear when the Court directs, this order dispensing with his attendance shall stand cancelled 8.

Accordinglp 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 stan{ closed. SD/. V.HARI PRASAD ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, The lll Additional Judicial Magistrate of First Class, Madhira, Khammam District The Station House Officer, Chinthakani Police Station, Khammam. One CC to SRl. GUTTAPALEM VIJAYA KUMAR Advocate [OPUC] Two CCs to Public Prosecutor, High Court for the State of Telangana. [OUT] Two CD Copies.

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HIGH COURT KS, J DATED: 2011112023 { o STAT€ ta 1$\ C) l [ 5 Jr\\ ,ot + I P S

ORDER

CRLP.No.4787 ot 2018 ' '':DISPOSING OF',

1. ..:l THE CRIMINAL PETITION @o{a 1*