APHC010315572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6567 OF 2025 Between: 1. K. Janardhana Reddy, D.No 18-603 old Bus Stand Chittoor (A1) 2. T.Balachandar, S/o. Thavamani, Aged about 35 years. Manager (QCL, TEG ISO) D.No.9-292, 4TH Floor, Krishna Nagar, Opposite to Siris Factory, Vijayawada Vijayawada (A2) Representing M/s. Green Star Fertilizers, ...Petitioners/Accused AND 1. State Represented by the Assistant Director of Agriculture (Regular), Chittoor, Chittoor District, Andhra Pradesh 2. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court at Amravati, Andhra Pradesh ...1 Respondent/De-facto Complainant Petition under Section 482 of Cr.P.C and 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 the petitioners/accused in C.C.No.376 of 2024 on the file of the 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) of Essential Commodities Act, 1955; in the interest of justice. lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 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.376 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) of Essential Commodities Act, 1955; disposal of the Criminal petition. Counsel for the Petitioners: SRI HARANADHA RAJU KATTA Counsel for the Respondents: PUBLIC PROSECUTOR The Court made the following Order: till the APHC010315572025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY,THE SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6567/2025 Between: 1.K. JANARDHANA REDDY, D.NO 18-603 OLD BUS STAND CHITTOOR 2.T.BALACHANDAR, S/0. THAVAMANI, AGED ABOUT 35 YEARS, MANAGER (QCL, TEG ISO) D.NO.9-292, 4TH FLOOR, KRISHNA NAGAR, FACTORY, VIJAYAWADA, REPRESENTING M/S. GREEN STAR FERTILIZERS, VIJAYAWADA OPPOSITE TO SIRIS ...PETITIONER/ACCUSED{S) AND ESTATE REPRESENTED BY THE ASSISTANT DIRECTOR OF AGRICULTURE REGULAR, CHITTOOR, CHITTOOR DISTRICT, ANDHRA PRADESH 2.THE STATE OF ANDHRA PRADESH, REP BY PUBLIC PROSECUTOR, HIGH COURT AT AMRAVATI, ANDHRA PRADESH ...RESPONDENT/COMPLAINANT(S): Petition under Section 437/438/439/482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Courtpleased to quash the proeeedings against the file of Honble Court of petitioners/aecused in C.C.No.376 of 2024 on Additional Civil Judge (Junior Division), Chittoor, registered U/S.Third 19 (1) & (A) of Fertilizer (Control Order)-1985 and section 7(1) (A) of Essential Commodities Act, 1955; in the interest of justice and pass lA NO: 1 OF 2025 Petition under Section 482 of Cr.P.C and 528 of BNSS praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition,the High Court may be pleased pleased to STAY all further proceedings in C.C.No.376 of 2024 on the file of Hoif ble Court of Third Additional Civil Judge (Junior 2 HN, J Crl.P.No.6567 2025 Division), Chittoor, registered U/S. 19 (1) & (A) of Fertilizer (Control Order)-1985 and section 7(1) (A) of Essential Commodities Act, 1955; till the disposal of the Criminal petition and to pass s Counsel for the Petitioner/accused(S): 1.HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR 2. 3 HN, J Crl.P.No.6567_2025 The Court made the following Common Order; The petitioners are arraigned as Accused Nos.1 and 2 in C.C.No.376 of 2024, on the file of 111 Additional Civil Judge (Junior Division), Chittoor. 2. It is submitted by the learned counsel for the petitioners that the petitioners are charged with committing the alleged offences under Section 19(1) and (A) of the Fertilizer (Control) order, 1985 and Section 7(1 )(A) of the Essential Commodities Act, 1955. 1. It is submitted that the 1"* petitioner is shown as a proprietor petitioner is shown as 3. nd of M/s.Sree Srinivasa Traders, and the 2 Person Responsible of M/s.Greenstar Fertilizers. nd 4 jhe learned counsel for the petitioners submits that the 2 petitioner is only employee of the company, and the samples of the Ammonium Phosphate manufactured by the Green Star drawn for testing. Upon receipt of the report of the Assistant Director of Agriculture, Cittoor, the samples were found to Mono Fertilizers were be not in accordance with the specifications. On the strength of the respondent has filed the complaint before the said report, the 1 Court. 4 HN, J Crl.P.No.6567 2025 5. The learned counsel for the petitioners further without arraigning the company M/s.Sree Srinivasa Traders and cannot be vicariously liable for the offences. submits that as an accused, the proprietor of the employee of the company commission of the alleged 6. The learned counsel for the petitioners placed judgment of the High Court for W.P.No.15071 of 2023. reliance on the the State of Karnataka in The initiation of criminal alleged offences under the Fertilizer prosecution for Control Order and the Essential Commodities Act Court. In that was considered by the Karnataka High case, the manufacturer of the subject fertilizer was not arraigned as an accused, and it was held that without arraigning cannot be held vicariously liable. On the company, the petitioners these grounds, the writ petition before the learned Judicial Magistrate of I Class was allowed, and the proceedings were quashed. 7. A similar view was taken by the Karnataka matter of Zuari Agro Chemicals Limited in CrI.P.No.101492 of 2022. High Court in the v^s. State of Karnataka 8. The High Court of Jammu ' Srinagar, in Crl.M.Nos.496 of 2021 and Kashmir and Ladakh at and 878 of 2021, has taken a 5 HN, J Crl.P.No.6567 2025 similar view. In those cases, the petitioners were shown as officers of the company and were shown as accused. Admittedly, the petitioners are not the manufactures of the seeds whose sample were drawn 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. Considering the submissions, this Court, it in its considered 9. opinion, following the judgments of the High Court for the State of Karnataka, holds that the prosecution lodged by the 1®* respondent cannot withstand the scrutiny of law. 10. Accordingly, the Criminal Petition is allowed. The proceedjj^gs .^egaipst the petitioners/Accused Nos.1 and 2 in C.C.No.376 of 2024, on the file of III Additional Civil Judge (Junior Division), Chittoor, are hereby quashed. Pending miscellaneous petitions, if any, shall^tand closed. \ Sd/- G HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To. 1. The Additional Civil Judge(Junior Division), Chittoor. 2 One CC to Sri. Haranadha Raju Katta, Advocate [OPUC] High Court of Andhra Pradesh.[OUT] 3. Two CCs to Public Prosecutor, 4. Two CD Copies VNA HIGH COURT I DATED:02/07/2025 ORDER CRLP NO. 6567 OF 2025 rt t JUL 2025 mntSecti ALLOWING THE CRIMINAL PETITION