HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2466 OF 2007 DATE:01.06.2010 Between: Sri Chandana Anand …….Petitioner And: The State of A.P., rep. By Public Prosecutor and another ……Respondents HON’BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2466 OF 2007 ORDER: The petitioner is Managing Director of Chandana Brothers, Guntur. He is accused of offences punishable under Sections 448 and 427 IPC in C.C.No.122 of 2007 on the file of Judicial Magistrate of the First Class-cum- Special Mobile Court, Guntur. On the report given by Proprietor of J.M Industries, the police investigated into the case and filed charge sheet in the lower court. It is alleged that on compound wall of J.M. Industries, name of the said industry was painted and that on 01.12.2004 the accused got compound wall of J.M. Industries painted with name of Chandana Brothers after removing name of J.M Industries on it. It is contended by the petitioner’s counsel that no where in the report or in the charge sheet, it is alleged that the accused actually and physically participated in commission of the offences. It is further contended that there cannot be any vicarious liability under criminal law. It is matter of evidence whether the accused physically participated in commission of the offence or whether the offence was committed under the supervision or under the direction or at the behest of the accused. This Court cannot decide the said fact in this petition filed under Section 482 Cr.P.C. Secondly, it is contended by the petitioner’s counsel that the offence under Section 448 IPC is barred by limitation under Section 468 Cr.P.C. But, as per Section 468(3) Cr.P.C., the period of limitation in relation to offences which may be tried together shall be determined with reference to the offence which is punishable with more severe punishment. Therefore, in this case, the offence punishable under Section 448 IPC is also not barred by limitation. Hence the petition is dismissed. ___________________________________ SAMUDRALA GOVINDA RAJULU,J Date:01.06.2010. Gk. THE HON'BLE SRI JUSTICE SAMUDRALA GOVINDA RAJULU CRIMINAL PETITION NO.2466 OF 2007 Date:01.06.2010 Gk.