IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NOS: 6568 OF 2023 AND 825 OF 2024 CRIMINAL PETITION NO: 6568 OF 2023 Between: 1. T. Sukumar, The Dealer, Navayuga Fertilizers and Company, D.No.9/73, Bazaar Street, Nagalapuram, Chittoor District, Andhra Pradesh. (A-1) 2. T. Balachandar, Manager and Person responsible, M/s. Greenstar Fertilizers Limited, Vijayawada, Krishna District, Andhra Pradesh. (A-2) ...Petitioner/Accused AND 1. Sri E. Ramesh Reddy, B.Sc. (Ag), Assistant Director of Agriculture (Regular), Notified Authority, Government of Andhra Pradesh Satyavedu, Chittoor District, Andhra Pradesh. ...1^* Respondent/Defacto Complainant 2. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court at Amaravati, Andhra Pradesh ...2"'^ Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, % the High Court may be pleased to quash the proceedings inC.C.No.418 of 2022 on the file of III Additional Judicial First Class Magistrate at Chittoor, registered U/S. 19 (a) and (b) of The Fertilizer (Control Order) -1985 read with section 7 (i) a (ii) of Essential Commodities Act, 1955. I.A. NO: 1 OF 2023 Petition under Section 482 of Cr.P.C 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.418 of 2022 on the file of III Additional Judicial First Class Magistrate at Chittoor registered U/S. 19 (a) and (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 Prosecutor on behalf of the Respondents. Public CRIMINAL PETITION NO: 825 OF 2024 Between: 1. Smt. Terli Sunitha, W/o. Appa Rao Aged about 32 years. Proprietor, Sri Harini Traders, Gurla-535101, Vizianagaram District (A1) 2. K.P.K.Appala Raju, S/o. Kolluru Pedakama Raju aged about 67 1®‘ line, Kotha Agraharam, Vizianagaram, Vizianagaram District (A2) 3. T.Balachandar, Aged about 37 years. Manager Quality Control (QC) M/s. Green star Fertilizers Limited, Door No 11-401, Opp: years. Siris 7 Company, Krishna Nagar, Kanuru Village, Penamaluru Vijayawada, Krishna District, Andhra Pradesh (A3) Mandal, ...Petitioner/Accused AND 1. The State Government of Andhra Pradesh Assistant Director of Agriculture (R), Cheepurupalli. ■ ..1 Respondent/De-facto Complainant 2. The State of Andhra Pradesh, Rep by Public Prosecutor, High Court Amaravati, Andhra Pradesh. Represented by the at ...2"'* Respondent Petition under Section 482 of Cr.P.C praying that in the circumstances stated in the Memorandum of Grounds of Criminal Petition, the High Court may be pleased to quash the petitioners/accused in C.C.No.708 of 2023 on the file of the Hon’ble Court of Judicial Magistrate of First Class, Vizianagaram (C) of Section 12 A of the Essential Commodity Act, 1955 for Contravention of Clause 19 (a) (b) of Fertilizers Control Order 1985. proceedings against registered under Clause I.A. NO: 1 OF 207d Petition under Section 482 of Cr.P.C 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.708 of 2023 on the file of the Hon’ble Court of Judicial Magistrate of First Class, Vizianagaram, registered under Clause (C) of Section 12 Commodity Act, 1955 for Contravention of Clause 19 (a) (b) of Fertilizers Control Order 1985; till the disposal of the Criminal Petition. A of the Essential / ■' # / 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 on behalf of the Respondents. / / / / / / The Court made the following COMMON ORDER: 7 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 tj-TTT 0fes [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 6568/2023 Between: T. Sukumar and Others ...PETITIONER/ACCUSED(S) AND Sri E Ramesh Reddy and ...RESPONDENT/COMPLAINANT(S) Others Counsel for the Petltioner/accused(S): 1. HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. m 2 HN, J Crl.P.Nos.6568 2023 and 825 2024 APHC010068522024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE [3457] PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION NO: 825/2024 Between: Smt.terli Sunitha and Others ...PETITIONER/ACCUSED(S) AND The State Government Of ...RESPONDENT/COMPLAINANT(S) Andhra Pradesh and Others Counsel for the Petitioner/accused(S): 1.HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 2. m 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 are 1. 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- Special Court for Fertilizer Control Act, Chittoor. 2. In Criminal Petition No.825 of 2024, the petitioners are 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. 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 1®‘ petitioner is shown as dealer of the In Criminal nd nd business of Fertilizers and a dealer of 2 petitioner, the 2 petitioner is doing wholesale dealer in Fertilizers and distributor of 4 HN, J Crl.P.Nos.6568 2023 and 825 2024 M/s.Greenstar Fertilizers Limited, and the 3'"' petitioner is an employee of M/s.Greenstar Fertilizers Limited, Vijayawada. The learned counsel for the petitioners submits that the petitioners are only employees of the respective companies, and 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 respondent has filed the complaint before the Court. 5. 6. 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. 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 7. 5 HN, J Crl.P.Nos.6568_2023 and 825_2024 held that without arraigning cannot be held vicariously liable. On allowed, and the proceedings not arraigned as an accused, and it was the company, the petitioners these grounds, the writ petition was learned Judicial Magistrate of I Class were quashed before the taken by the Karnataka High Court in the of Zuari Agro Chemicals Limited vs. State of Karnataka in CrI.P.No.101492 of 2022. A similar view was 8. matter and Kashmir and Ladakh at The High Court of Jammu Srinagar, in Crl.M.Nos.496 of 2021 and 878 of 2021, has taken a the petitioners were shown as officers 9. similar view. In those cases Admittedly, the shown as accused, manufactures of the seeds whose sample of the company and were petitioners are not the 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, its considered Considering the submissions, this Court, it in judgments of the High Court for the State of 10. opinion, following the Karnataka, holds cannot withstand the scrutiny of law. that the prosecution lodged by the 1® respondent 6 HN, J Crl.P.Nos.6568 2023 and 825 2024 11. Accordingly, the Criminal Petitions are allowed. C.C.No.418 Judicial Magistrate of I Class- for Fertilizer Control Act, Chittoor on the file of the Judicial Magistrate of 2022 \ on the file of III Additional Civil Judge-Cum-Special Court and C.C.No.708 of 2023 Class, Vizianagaram, of I are hereby quashed. Pending miscellaneous petitions, if any, shall stand closed. Sd/- K J RAJA BABU assistant registrar //TRUE COPY// SE OFFICER To, X^Thelll Additional Judicial First Class Magistrate 2. The Judicial Magistrate 3. One CC to Sri Haranadha 4. Two CC to Public at Chittoor. of I Class, Vizianagaram. Raju Katta, Advocate [OPUC] Prosecutor, High Court of Andhra Pradesh at Amaravathi. [OUT] 5. Three CD Copies CHP sree HIGH COURT DATED: 19/03/2025 N \ COMMON ORDER CRLP.Nos.6568 of 2023 AND 825 of 2024 3 c ^ Ctifreoi allowing the criminal petitions