Chand Shaik Yasin v. State Of Telangana
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD MONDAY, THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENry THREE : PRESENT:
THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION NO:5277 OF 2018 BETWEEN:
1. Chand Shaik Yasin, S/o. C.S.Khaseem Peer, Aged about 51 years, Rl/o. H.no. lV-2-6, Krishna Nagar, Madanapalle town and Mandal, Chittoor District.
2. Seealamsetti Nagaraju, S/o. Narasimhulu, Aged bout 42 yeq1s, R/o. !,No.9115-17-E, Easwaramma Colony, Madanapalli Town and Mandal, Chittoor District.
3. Tatiparthi Gopi, S/o. Ramu, Aged aboul 42 yea1s, fl9. H.No. 4-88-E7, Chalapathi Rao colony, Madanapalli Town and Mandal, Chittoor District.
4. K.Uma Devi@Uma Rani, Wo. K.S.Shiva, Aged about 41 years, Occ: House \Mfe, R/o. FI.t'to.244, Singamvaripalli, Ramasamudram Mandal, Chittoor District.
5. Pasupuleti Reddamma, Wo. Reddappa, Aged about 48 years, Occ: House Wife,R/o. Madanapalle Town and Mandal, Chittoor District. ... Petitioners/Accused No.3,4,6, I & 11 AND
1. The State Of Telangana, Rep. by its Public Prosecutor, High Court for the State ofTelangana, at Hyderabad.
2. Pulusu Srihari, S/o. Rammurthy, Aged about 25 years, Occ: Agriculture, R/o. Laxmipuram Village, Bonakal Mandal, Khammam District (LW-1). ... 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 in CC.No.1416 of 2017 on the file of the Addl. Judicial Magistrate of First Class, Madira, Khammam District.
lA NO: 2 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 petitioners herein in cc.No.1416 of 2017 on the file of the Additional Judicial Magistrate of First class, Madhira, Khammam Diskict pending disposal of the Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Guttapalem Vijaya Kumar, Advocate for the Petitioner and the Public Prosecutor on behalf of the Respondent No.1 and None appeared forthe Respondent No.2 The Court made the following: ORDER
h THE HONOURABLE SRI JUSTICE K.SURENDER CRIMINAL PETITION No.52Z OF 2018 ORDER:
The Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioners/ Accused No.3, 4, 6, I &. 11. to quash the proceedings in C'C'No'7476 of 2017 on the file of the Additional Judicial Magistrate of First Class, Madhira, 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 petitioners 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 petitioners/accused, who is arrayed as Accused Nos'3,4,6,8 & 11 for the offences under sections 420 IPC r/w 120-B of Indian Penal Code and sections 19(a) and 21 of Seeds Act, 1966' 4.
This complaint was filed on the basis of the statement of the farmers stating that these petitioners along with others have induced
the farmers into buying spurious seeds. The said seeds were purchased, resulting in heavy losses to the farmers 5.
Learned counsel for the petitioners would submit that petitioners are controller in AIISRTC and it carurot be said that they have anything to do with inducing of the other accused for selling seeds.
The case is circumstantial in nature and when it is specifically stated by the farmers that these petitioners were also one of the persons, 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 petifioners that they were not present along with the other accused. Nor the defence taken by the petitioners that they were only a partner and they have 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 petitioners- Accused Nos.3,4,6,8 & 11 are dispensed with subject to filing an affidavit by the petitioners stating that in their absence, the proceedings conducted by their
counsel will not be disputed by them in any manner and shall not dispute their identity also. However, the petitioners-Accused Nos.3, 4,5, 6, I & 11 shall appear before the learned Magistrate as and when their presence is required. In the event of failure of the petitioners to appear when the Court directs, this order dispensing with their attendance shall stand cancelled.
8.
Accordinglp the Criminal petition is disposed off. Nee<Iress to sap in the event of the petitioners 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. SD'- T. JAYASREE ASSISTANT REGISTRAR /,TRUE COPY/'
4* To, SECTION OFFTCER
1. The Additional Judicial Magistrate of First Class, Madhira.
2. The Station House Officer, Bonakal Police Station, Khammam
3. One CC to Sri. Guttapalem Vijaya Kumar, Advocate IOPUC]
4. Two CC's to The Public Prosecutor, High Court for the State of Telangana at Hyderabad. [OUT].
5. Two CD Copies.
VH s
I I I HIGH COURT DATED: 2011112023 TA 16 e tt o 1 E ilIAB 2O2I *\
ORDER
^.1 * t o s P CRLP.No.5277 ot 2018 DISPOSING OF THE CRIMINAL PETITION gyPu