IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD WEDNESDAY, THE 19th DAY OF OCTOBER, TWO THOUSAND AND ELEVEN PRESENT HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL PETITION No.1710 of 2009 Between: Pottluri Ravindra Kumar … Petitioners And Pulavarthi Vijaya Lakshmi and another … Respondents This Court made the following: HON’BLE SRI JUSTICE G.CHANDRAIAH CRIMINAL PETITION No. 1710 OF 2009 ORDER: - The petitioners/A1, A2 and A4 in Crime No.13 of 2009 of Shavallyapuram Police Station, Shavallyapuram, Guntur District punishable under Sections 420 r/w 34 IPC, filed the present criminal petition under Section 482 of the Code of Criminal Procedure, 1973 seeking to quash the said crime. Brief facts of the case are that the 2nd respondent herein is the de facto complainant, who lodged a complaint before the Station House Officer, Shavallyapuram Police Station, Guntur District against the petitioners alleging that they are residents of Mathukumalli village and eaking out their livelihood by doing agriculture. One Shakhamoori Lingaiah, S/o.Prabhakar Rao owns Ac.3-00 cents of land and on lease Ac.4-00 cents of land; 2) Nageswara Rao, S/o.Pachava Peda Ramanaiah owning Ac.1-00 cent of land and on lease Ac.8-00 cents of land; 3) Malenidi Venkateswara Rao’s son Bharathudu owns an extent of Ac.1-00 and on lease Ac.5-00 cents of land and 4) Guravaiah, S/o.Bhuvanagiri Venkata Subaiah owns Ac.3-00 cents of land in the village and doing agriculture. It is further submitted that M/s.Vijayalaxmi Agro Agencies, Gangavathi, Karnataka State are the manufacturers of Krushi seeds. Sunitha Enterprises, Tenali, Vijayadurga Seeds, Vinukonda and Seema Hybrid seeds, Narsaraopet are their dealers, Distributors and sales persons. They purchased the paddy seeds basing on the information given by the representatives, manufacturers, dealers and their advertisements. One Shakamuri Prabhakara Rao purchased 10 packets of paddy NLR 34449 Krushi paddy seeds by paying an amount of Rs.6,900/- vide bill No.1 on 26.08.2008 from Seema Hybrid seeds, Narasaraopet. Pachhava Nageswara Rao purchased 10 packets of NLR 34449 Krushi paddy seeds on payment of Rs.6,800/- vide Bill No.2 on 26.08.2009. Malinidi Bharathudu purchased four packets of NLR 34449 Krushi Paddy seeds from Sri Vijaya Durga Agro Seeds, Vinukonda for an amount of Rs.2,440/-. Bhuvanagiri Guravaiah purchased two packets of NLR 34449 Krushi paddy seeds on payment of Rs.1,220/- vide bill No.1, dated 08.09.2008 from Sri Vijaya Durga Seeds, Vinukonda. The above mentioned manufacturing company, their dealers, distributors, sales men and representatives given publicity that seeds are pure and will be given 40 bags per acre. They being illiterates, depending on agriculture for their livelihood purchased the paddy seeds. The above mentioned persons made them purchase with an intention to deceive. Not only themselves but also the surrounding villagers also purchased the seeds. Basing on the above mentioned persons false advertisements, they purchased and spent their man power and money nearly Rs.18,000/- per acre. As per their instructions, yielding is not given properly. They made them to purchase their paddy seeds with false advertisements for which they sustained huge loss. Because of their low standard seeds, he sustained loss from 60 to 80%. Nearly an amount of Rs.25,000/- loss was sustained. They informed their loss to agricultural officers, District Collector and other officers, for which the District Collector appointed a committee consisting of Agricultural officers, seeds dealers, coordination, Dot center and others for ascertaining the loss. The committee after verification in all villages confirmed the loss. When they questioned the manufacturer, Sunitha Enterprises, Tenali, Vijaya Durga Seeds, Vinukonda, Seema Hybrid Seeds, Narasaraopet and sales man they accepted the loss and agreed to pay the crop loss in written. Likewise, Nekkanti Ramesh, S/o.Sudhakar belonging to the company agreed in writing to pay the amount. The complainants have not received any amount. The above mentioned manufacturers, sales persons with their false acts made them believe to purchase their seeds and caused loss. Hence, they requested to take action against the accused. Under the above circumstances, the 2nd respondent lodged a complaint and the 1st respondent taking cognizance of the allegations mentioned in the complaint, registered a crime in F.I.R.No.13 of 2009 punishable under Sections 420 r/w 34 IPC. Questioning the same, the present Criminal Petition is filed. Learned counsel for the petitioner submits that no allegations are made against the petitioners and they are falsely implicated in the alleged crime No.43 of 2009. Therefore, the F.I.R. registered against them is liable to be quashed. On the other hand, learned Public Prosecutor submits that the complainant and other farmers were cheated by the petitioners by selling the spurious seeds. Therefore, they are liable for punishment in respect of which the investigation shall have to go on. Admittedly, the accused are the manufacturers of Krushi seeds and by virtue of their advertisement, the complainant and others were made to purchase the Krushi seeds and thereby they sustained loss. Having regard to the nature of the allegations made against the accused, this court was not inclined to grant stay of F.I.R. at the time of issuing notice before admission and granted only stay of arrest of the accused and directed that the investigation shall go on in the matter. Therefore, having regard to the nature of the allegations made against the petitioners by the de facto complainant, the allegations are very specific against them and the same needs to be investigated by the investigating agency. I do not see any justification to exercise the power of this Court under Section 482 Cr.P.C. to quash the proceedings. The Criminal Petition is, accordingly, dismissed. However, there cannot be any arrest of the petitioners till disposal of the proceedings. ____________________ G. CHANDRAIAH, J 19.10.2011 lmv HON’BLE SRI JUSTICE G. CHANDRAIAH CRIMINAL PETITION No.1710 of 2009 19.10.2011 lmv