V IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT ' THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5110 OF 2025 Between: 1. Sri Ramalaxmi Rythu Depot and General Stores, Fertilizer Retail Dealer, Represented by Sri Gunupuru Lakshmu Naidu, S/o. China Rami Naidu, aged 65 years. Door No.2-191, Main Road, BADANGI, Badangi Mandal, Vijayanagaram District, Andhra Pradesh, PIN: 535 578 (A-1) 2. Green Star Fertilizers Limited Manufacturer and supplier. Represented by Sri T. Balachandar, Manager, S/o. Thavamani (QC. PEG & ISO), aged 37 years, D.No.11-401, 4th floor. Opposite SIRI’s Company, Krishna Nagar, KANURU Village, Penamaluru Mandal, Krishna District, Andhra Pradesh PIN: 521 139 (A-2) ...PETITIONER/ACCUSED(S) AND 1. State, Represented by the Assistant Director of Agriculture (Regular), BOBBILI, Vizianagaram District, Andhra Pradesh ...1®^ RESPONDENT/DE-FACTO COMPLAINANT 2. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court at Amravati, Andhra Pradesh ...2"'' RESPONDENT -y Petition under Section 528 of BNSS, 2023, 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/ accused in C.C.No.2093 of 2023 on the file of THE ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE AT VIZIANAGARAM, registered U/S. 19 (a) (b) of The Fertilizer (Control Order)-1985 read with section 7 (i) (a) (ii) of Essential Commodities Act, 1955, in the interest of justice. I-A. NO: 1 OF 2025 Petition under Section 528 of BNSS, 2023, praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to dispense with filing of the certified copy of the Complaint copy in C.C. No. 2093 of 2023 on the file of Hon’ble the Additional Judicial Magistrate of First Class, Vizianagaram, against the petitioners/Accused (A1 and A2). I.A. NO: 2 OF 2025 Petition under Section 528 of BNSS, 2023, 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.2093 of 2023 on the file of THE ADDITIONAL JUDICIAL FIRST CLASS MAGISTRATE AT VIJAYANAGARAM registered U/S. 19 (a) (b) of The Fertilizer (Control Order)-1985 read with section 7 (i) (a) (ii) of Essential Commodities Act, 1955, till the disposal of the Criminal petition. This Petition coming on for hearing, upon perusing the Memorandum of Grounds of Criminal Petition and upon hearing the arguments of Sri Haranadha Raju Katta, Advocate for the Petitioner and the Public Prosecutor of A.P. on behalf of the Respondent No.2 and appeared for the Respondent No. 1. The Court made the following: r ■). ■V APHC010239082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 5110/2025 Between: Sri Ramalaxmi Rythu Depot And General Stores , Fertilizer Retail Dealer and Others ...PETITIONER/ACCUSED(S) AND State and Others Counsel for the Petltioner/accused(S): 1. HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR ...RESPONDENT/COMPLAINANT(S) 2. The Court made the following: In Criminal Petition, the petitioners are arrayed as Accused Nos.1 and 2 in C.C.No.2093 of 2023, on the file of Additional Judicial Magistrate of First Class, Vizianagaram. 2. It is submitted by the learned counsel for the petitioners that the petitioners are charged with committing the alleged offences under Section 4. Three CD Copi^ 2 19(a) and (b) of the Fertilizer (Control) order, 1985, read with Section 7(i)a(ii) of the EssentialCommoditiesAct, 1955. 3. It is submitted that the 1 petitioner is shown as a retail dealer of nd M/s.Greenstar Fertilizers Limited, Thoothukudi, Tamil Nadu, and the 2 petitioner is shown as an employee of M/s. Greenstar Fertilizers Limited, Thoothukudi, Tamil Nadu. 4. The learned counsel for the petitioners submits that the samples of the seeds manufactured by the respective companies were drawn for testing. Upon receipt of the report of the Assistant Director of Agriculture, Fertilizer Proving Center, the samples were found to be non-standard. On the strength of the said report, the 1®^ respondent has filed the complaint before the Court. 5. The learned counsel for the petitioners further submits that without arraigning the company as an accused, the employees of the company cannot be vicariously liable for the commission of the alleged offences. 6. The learned counsel for the petitioners placed reliance on the judgment of the High Court for the State of Karnataka in W.P.No.15071 of 2023. The initiation of criminal prosecution for alleged offences under the Fertilizer Control Order and the Essential Commodities Act was considered by the Karnataka High Court. In that case, the manufacturer of the subject fertilizer was not arraigned as an accused, and it was held that without arraigning the company, the petitioners cannot be held vicariously liable. On these grounds, the writ petition was allowed, and the proceedings before the learned Judicial Magistrate of I Class were quashed. ; ~~ A similar view was taken by the Karnataka High Court in the matter of Zuari Agro Chemicals Limited vs. State of Karnataka in Crl.P.No.101492 of 7. 2022. The High Court of Jammu and Kashmir and Ladakh at Srinagar, in Crl.M.Nos.496 of 2021 and 878 of 2021, has taken a 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. 8. Considering the submissions, this Court, it in its considered 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 9. law. Accordingly, the Criminal Petition is allowed, the file of Additional Judicial Magistrate of First Class, Vizianagaram, is hereby quashed. 10. C.C.No.2093 of 2023, on \ Pending miscellaneous petitions, if any, shall stand close)d4 Sd/-K J RAJA BABU ASSISTANT REGISTRAR \ //TRUE COPY// SECTION OFFICER To, 1. The Additional Judicial First Class Magistrate, Vijayanagaram, Vizianagaram District. 2. One CC to Sri Haranadha Raju Katta, Advocate [OPUC]. 3. Two CC’s to The Public Prosecutor, High Court of Andhra Pradesh [OUT] 4. Three CD Copies HIGH COURT DATED: 06/05/2025 ORDER CRLP.No.5110 of 2025 ^ 1 1 JUL 2025 ✓.ac- >s£ufrent SectiooXW m C<9 ALLOWING THIS CRLP