THE HONOURABLE SRI JUSTICE SAMUDRALA GOVINDARA CRIMINAL PETITION No.7587 of 2009 AND CRIMINAL PETITION No.8638 of 2009 COMMON ORDER: The petitioners in these petitions are A3 to A5 respectively and they are accused of offence punishable under Section 420 I.P.C. In this case, Government Text Books meant for free distribution to the students in Primary Schools were said to have been seized from possession of A1 and A2, who are Text Book traders in Guntur. No doubt, as laid down in Chinta Narasimha Vs. District Collector, Guntur[1], selling of Government Text Books is not an offence under Section 6-A of the Essential Commodities Act, 1955. The distinction in this case is that the books seized herein are Government Text Books meant for free distribution. Therefore, it is Government property. The said Government property was said to have been found in possession of A1 and A2 illegally. It is the prosecution allegation that the investigation revealed that A3 to A5 helped A1 and A2 in getting possession of the said Government property. A3 is Manager in Government Text Books Sales Office, Guntur. A4 is go-down Clerk and A5 is Security Guard in Government Text Books Sales Office, Guntur. It is alleged that A3 to A5 did the same for wrongful gain for themselves and causing wrongful loss to the Government. 2. It is contended by the petitioners’ counsel that taking the allegations in the charge sheet on their face value, ingredients of Section 420 I.P.C. are not attracted in this case. The said contention of the petitioners’ counsel prima facie appears to be correct. But, even though Section 420 I.P.C. is not made out from the facts, the Magistrate is not precluded in law in framing appropriate charges against the accused facing trial before him, after hearing the accused and the defence counsel. In case, this Court expresses opinion with regard to the penal Sections of law applicable to facts of this case, it may prejudice the petitioners’ case before the Magistrate during trial. Therefore, this Court leaves it open to the Magistrate to consider at the time of framing of charges or discharging of the accused, whether any other penal Sections of law either under I.P.C. or any other special law are applicable to the allegations herein and proceed accordingly. 3. Subject to the above observations, both the Criminal Petitions are dismissed. ______________________________ JUSTICE SAMUDRALA GOVINDARAJULU Dt:11.11.2011 ysk THE HON’BLE SRI JUSTICE SAMUDRALA GOVINDARAJULU CRIMINAL PETITION No.7587 of 2009 AND CRIMINAL PETITION No.8638 of 2009 Dt:11.11.2011 ysk [1] 1998 (5) ALD 490