THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.7042 of 2009 8th September 2009 Between: 1. Dr. T.H.V.Prasada Rao, S/o.late Sri T.Anjaneyulu, 80 years, Occ.Business, R/o.Flat No.102, Gayathri Exotica, Lane No.1, Street No.6, West Marredpally, Secunderabad. And one other. …PETITIONERS AND 1. The State of Andhra Pradesh through Lingala Police Station, Lingala Village, Kadapa District, rep.by Public Prosecutor, A.P. High Court, Hyderabad. And one other. …RESPONDENTS THE HON'BLE SRI JUSTICE K.C.BHANU CRIMINAL PETITION NO.7042 of 2009 ORDER: This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973, praying to quash the proceedings in C.C.No.130 of 2008 on the file of the Judicial First Class Magistrate, Pulivendula, Kadapa District. The allegation in the charge sheet is that the ryots of Thatireddypalli Village, who are examined as L.Ws.1 to 35, intending to raise banana crop in their respective fields, approached the Horticulture Department for supply of banana plants. The Horticulture Department invited tenders and gave tender to the accused, who is the Managing Director of Thurlapalli Bio-tech Company. He approached L.Ws.1 to 35 and informed them that they are having good banana seeds, which would give crop within twelve {12} months. Believing his words, on 02.05.2005, L.Ws.1 to 35 purchased 1,02,000 banana plants from the accused at the rate of 50% subsidy and planted them in their respective fields. Other farmers planted banana plants pertaining to other company in their fields. Even after sixteen {16} months passed, they did not get yield of the crop. The banana plants pertaining to other company gave good yield. Therefore, L.Ws.1 to 35 approached the accused and informed the same. The accused inspected the fields of the farmers and informed that there is some problem in the plants supplied by them and promised to pay compensation to them. The Scientist of Horticulture Department also visited the fields of L.Ws.1 to 35 and opined that the banana plants supplied by the accused are not good. Therefore, L.Ws.1 to 35 sustained heavy loss. There must be inducement made by the accused to the complainant and other witnesses to purchase the banana plants from their company. The promise made by the accused was that the banana plants would give crop within twelve {12} months. Believing the representation of the accused, L.Ws.1 to 35 purchased the plants @ 50% subsidy and planted them in their respective lands. But ultimately, the plants did not yield any crop at all. On the other hand, it is also alleged that the plants purchased from other company gave good yield. The Scientist of the Horticulture Department also visited the fields and opined that the banana plants supplied by the accused are not good. Therefore, the accused made false statement to the ryots stating that the banana plants would give good yield. Hence, prima facie case for the offence alleged is made out against the accused and as such, the question of quashing the proceedings in C.C.No.130 of 2008 at threshold stage does not arise. The Criminal Petition is dismissed at the stage of admission. _____________ (K.C.BHANU, J) 8th September 2009 RRB