H APHC010309522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI MONDAY THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6500 OF 202fi Between; MS Prasad Gms Traders Kuppam, Sri M.S. Prasad Aged about 30 years, Proprietor of GMS Traders, 20-67/7, Opposite Bharath Petrol Bunk, Main Road, Kuppam, Chittoor District, PIN 517 425 (A1) S/o. M. Subramanyam A1 T.Balachandar, S/o. Thavamani, SPIC Nagar, Responsible Person for M/s. Green Star Fertilizers Tuticorin-24 PIN 628005, Tamilnadu Green Star Fertilizers Limited, D.No.A-25, Tamilnadu ...Petitioner/A2 AND 1. State, Represented by the Assistant Director of Agriculture (Regular) Palamaner, Chittoor District, Andhra Pradesh Respondent/De-favto Compalainant 2. The State of Andhra Pradesh, Rep by Public Prosecutor,High Court Amravati, Andhra Pradesh at ...2"'^ Respondent Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the proceedings against petitioners/accu sed in C.C.No.82 of 2024 on the file of Hon’ble Court of Third Additional Civil Judge (Junior Division). Chittoor, registered U/S. 19 (1) (A) of Fertilizer (Control Order)-1985 and section 7(1) (A) II of Essential Commodities Act, 1955 lA NO: 1 OF 2025 Petition under Section 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition the High Court may be pleased to STAY all further proceedings in C.C.No.82 of 2024 on the file of Hon’ble Court of Third Additional Civil Judge (Junior Division),Chittoor, registered U/S. 19 (1) (A) of Fertilizer (Control Order)-1985 and section 7(1) (A) II of Essential Commodities Act, 1955; till the disposal of the Criminal petition Counsel for the PetitionersiSRI HARANADHA RAJU KATTA Counsel for the Respondents: PUBLIC PROSECUTOR Counsel for the Respondents: The Court made the following order: APHC010309522025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] MONDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6500/2025 Between; ...PETITIONER/ACCUSED{S) Ms Prasad Gms Traders Kuppam and Others AND ...RESPONDENT/COMPLAINANT{S) State and Others Counsel for the Petitioner/accused(S); 1.HARANADHA RAJU KATTA f Counsel for the Respondent/complalnant{S): / 1. PUBLIC PROSECUTOR 2. The Court made the following Order; Heard the learned counsel for the petitioners and the learned Assistant Public Prosecutor. This Criminal Petition has been filed to quash the proceedings against the petitioners/accused Nos.1 and 2 in C.C. No. 82 of 2024 on the file of the III Additional Civil Judge (Junior Division), Chittoor, for the alleged offences under Section 19 (1) (A) of Fertilizer (Control Order)-1985 and Section 7(1) (A) II of Essential Commodities Act, 1955. 2. 2 3. However, both learned counsels submit that similar matters have already been allowed by this Court in Crl.P.Nos. 6568 of 2023 and 825 of 2024, vide common order dated 19.03.2025. 4. In terms of the same and for reasons alike, this criminal petition is also allowed. The Registry is directed to append a copy of the common order passed 5. in Crl.P.Nos. 6568 of 2023 and 825 of 2024, vide common order dated 19.03.2025, to this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed. Sd/- SHAIK MOHD. RAFI ASSISTANT REGISTRAR Hr ^ //TRUE COPY// SECTION OFFICER To, III Additional Civil 1. The 111 Additional Judicial Magistrate of First Class-cum- Judge(Junior Division), Chittoor, 3. One CC to Sri. Haranadha Raju Katta Advocate [OPUC] CCs to The Public Prosecutor, High Court of A.P.[OUT] 4. Two 5. Two CD Copies MKP NM HIGH COURT DATED: 30/06/2025 ORDER CRLP NO. 6500 OF 2025 r u m2(» Co 3S ALLOWING THE CRLP APHC010438452023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE 050 [3457] 0?^ PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6588/2023 Between: T, Sukumar and Others ...PETITIONER/ACCUSED(S) AND Sri E Ramesh Reddy and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petitloner/accused(S): 1.HARANADHA RAJU KATTA Counsel for the Respondentycomplalnant(S): 1. PUBLIC PROSECUTOR (AP) 2. 2 HN,J Crl.P.Nos.6568_2023 and 825 2024 APHC010068522024 S'ilH COURT OF ANDHRA PRADESH "y ATAMARAVATI (Special Original Jurisdiction) WEDNESDAY. THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 825/2Q2A i [3457] Between: Smt.terli Sunitha and Others ...PETIT!ONER/AGCUSED(S) AND The State Government Of ...RESPONDENT/COMPLAINANTfS) Andhra Pradesh and Others Counsel for the Petitioner/aecused(S): 1.HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. 3 ■ HN, J Crl.P.Nos.6568 2023 and 825 2024 The Court made the following Common Order; In Criminal Petition No.6568 of 2023, the petitioners arraigned as Accused Nos.1 and 2 in C.C.No.418 of 2022, on the file of III Additional Judicial Magistrate of I Class-Civil Judge-Cum- Speclal Court for Fertilizer Control Act, Chittoor. 1. are 2. In Criminal Petition No.825 of 2024, the petitioners arraigned as Accused Nos.1, 2 and 3 in C.C.No.708 of 2023, on the file of the Judicial Magistrate of I Class, Vizianagaram. are 3. It is submitted by the learned counsel for the petitioners that the petitioners are charged with committing the alleged offences under Section 19(a) and (b) of the Fertilizer (Control) order, 1985, read with Section 7(i)a(ii) of the Essential Commodities Act, 1955. 4. It is submitted that in Criminal Petition No.6568 of 2023, the 1®* petitioner is shown as a dealer of M/s.Navayuga Fertilizers and Company, and the 2"^ petitioner is shown as Manager and Person Responsible of M/s.Greenstar Fertilizers Limited. Petition No.825 of 2023, the petitioner is shown as dealer of the business of Fertilizers and a dealer of 2"'* petitioner, the 2 petitioner is doing wholesale dealer in Fertilizers and distributor of In Criminal nd 4 HN,J Crl.P.Nos.6568_2023 and 825 2024 and the 3^^^ petitioner is an employee of M/s.Greenstar Fertilizers Limited. Vijayawada. The learned counsel for the M/s.Greenstar Fertilizers Limited, 5. petitioners submits that the respective companies, and petitioners are only employees of the the samples of the seeds manufactured by the respective companies were drawn for testing. Upon receipt of the report of the Fertilizer Proving Center, the Assistant Director of Agriculture, samples were found to be said report, the 1®* respondent has filed the non-standard. On the strength of the complaint before the Court. 6. The learned counsel for the petitioners further without arraigning the company the company cannot be vicariously liable for the alleged offences. submits that as an accused, the employees of commission of the 7. The learned counsel for the petitioners placed reliance judgment of the High Court for on the the State of Karnataka in W.P.NO.15071 Of 2023. The initiation of criminal prosecution for alleged offences under the Fertilizer Essential Commodities Act Control Order and the was considered by the Karnataka High subject fertilizer Court. In that case, the manufacturer of the was 5 HN, J Crl.P.Nos.6568_2023 and 825 2024 not arraigned as an accused, and it was held that without arraigning the petitioners cannot be held vicariously liable. On allowed, and the proceedings the company, these grounds, the writ petition was learned Judicial Magistrate of 1 Class were quashed before the A similar view was taken by the Karnataka High Court in the matter of Zuari Agro Chemicals Limited vs. State of Karnataka 8, in Crl.P.No.101492 of 2022. High Court of Jammu and Kashmir and Ladakh at in Crl.M.Nos.496 of 2021 and 878 of 2021, has taken a 9. The Srinagar, in similar view, in those cases, the petitioners were shown as officers Admittedly, the and were shown as accused, not the manufactures of the seeds whose sample by the respondent No.1 authority for the purpose of testing. Without arraigning the manufacturing of the seeds, the criminal liability cannot fastened on the employees of the company. of the company petitioners are were drawn Considering the submissions, this Court, it in its considered opinion, following the judgments of the High Court for the State of holds that the prosecution lodged by the 1®‘ respondent cannot withstand the scrutiny of law. 10. Karnataka, 1 6 HN,J and 825 2024 Crl.P.Nos.6568_2023 Petit/ons 11. Accordingly, the Criminal are allowed. C.C.No,418 Judicial Magistrate Of 2022, Civil Judge-Cum on the file of III Additional Of I Class- Special Court for Fertilizer Control Act, on the file of the Judicial Chittoor Magistrate of f and C.C.No.708 of 2023 Class, Vizianagaram, are hereby quashed. Pending miscellaneous petitions, if any. shall stand I closed. Sd/- K J RAJA BABLI assistant REGfST^R //TRUE COPY// SE< To, OFFICER XThe III Additional Judicial First 2, The Judicial Magistrate 3 One CC to Sri Haranadha 4. Two CC to Public Class Magistrate at Chittoor. of I Class, Vizianagaram. Ra/u Katta, Advocate [OPUCJ Prosecutor, High Court of Andhra Pradesh Amaravathi. [OUT] 5. Three CD Copies at CHP sree