HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20476 of 2010 Dated: 18.08.2010 Between: Desu Veera Prakasa Rao & another. …..Petitioners And Government of Andhra Pradesh, rep. by its Principal Secretary, Home Department & others. …..Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.20476 of 2010 ORDER : Heard learned counsel for petitioners and also the learned Government Pleader appearing for respondents. In this writ petition, the petitioners seek for directions by way of Mandamus, declaring the complaint lodged by the 3rd respondent-Mandal Agricultural Officer, Ongole, pursuant to which, a case is registered in Crime No.280 of 2010 by the 2nd respondent-Station House Officer, Ongole, as illegal, and to declare that the same is the result of arbitrary exercise of powers conferred on the authorities. The petitioners are dealers in fertilizers. On complaints made to the Joint Collector, Ongole, by some unknown persons, the Joint Collector has instructed the 3rd respondent-Agricultural Officer and also the Tahsildar, Ongole, to inspect the business premises of petitioners. Accordingly, an inspection was made at the godowns of the petitioners situated in Sy.Nos.1145 to 1147, situated at Throvagunta village of Ongole Mandal, and on the ground that the petitioners have violated the provisions of Clause 3(3) of the Fertilizer (Control) Order, 1985, by selling the fertilizers at the price higher than the notified maximum retail price, certain stocks were seized from their premises. On the very same allegations, it appears that respondent No.3 has lodged a complaint before the 2nd respondent-Station House Officer, alleging that by charging higher price than the maximum retail price notified on the fertilizers, the petitioners have cheated the farmers. On the aforesaid complaint, a case is registered in Crime No.280 of 2010 on the file of the 2nd respondent- Police Station, for the offence under Section 420 of IPC and also under Sections 3 and 7 of the Essential Commodities Act, 1955, and the matter is pending investigation. It is submitted by the learned counsel for petitioners that the Commissioner of Agriculture has already issued circular instructions in Circular No.Fert-1(j) 427/2008, prescribing the new MRP rates, which were given effect to, from 18th June 2008. It is submitted that the petitioners have collected the revised prices as per the said circular instructions, and in any event, there is no ingredient to attract the provisions under Section 420 of IPC. In this case, it is to be noticed that on the complaint filed by the 3rd respondent, a crime is registered. Whether any case to proceed further for the offences under Section 420 of IPC and under Sections 3 and 7 of the Essential Commodities Act, is a matter for investigation by the investigating officer in the crime registered on the complaint filed by the 3rd respondent. In view of the allegations made against the petitioners, it is not for this Court to entertain this writ petition, so as to declare the very lodging of complaint by the 3rd respondent, as illegal. However, as it is stated that the petitioners were selling the fertilizers at prices as prescribed in the circular instructions issued by the Commissioner, I deem it appropriate to dispose of the writ petition, directing the 2nd respondent to investigate on the complaint filed against the petitioners, but not to take any steps to arrest the petitioners till the investigation is completed and appropriate final report is filed. It is made clear that it is open to the respondents to take further steps subject to the outcome of the final report in Crime No.280 of 2010, on the file of 2nd respondent. Subject to the above directions, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 18th August 2010. ajr