APHC010655082023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3504] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 956/2024 Between: 1. PRADEEP PATIL, DIRECTOR, SRI HIMAJA FERTILIZERS AND CHEMICALS PRIVATE LIMITED, DOOR NO. 133/2, RAVICHERLA VILLAGE, NUZIVIDU, KRISHNA DISTRICT. 2. MR. NITIN THOUGTA,, M/S. SAVIO BIO ORGANIC AND FERTILIZERS PVT. LIMITED., D. NO. 13-123, KUNDANAPUVARI STREET, NUZVIDU, PEDDAGANDHI BOMMA CENTRE, NUZVID- 521201, KRISHNA DISTRICT. 3. MAMIDAPAKA UMAMAHESWARA RAO,, PROPRIETOR, SRI SAI LAKSHMI FERTILIZERS AND GENERAL STORES, GHARBHAM VILLAGE, MERAKAMUDIDAM MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER/ACCUSED(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH, AMARAVATI. 2. STATE GOVERNMENT, REPRESENTED BY THE ASSISTANT DIRECTOR OF AGRICULTURE, CHEEPURUPALLI TOWN AND MANDAL, 2 VIZIANAGARAM DISTRICT. ...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 Courtmay be pleased to quash the entire proceedings in STC. No. 10 of 2019 on the file of the Court of Learned Judicial Magistrate of First Class, Vizianagaram and pass such IA NO: 1 OF 2024 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 may be pleased to condone the delay of 34 the returned Criminal Petition in CrI.P. Sr. No. 13154 Of 2023 and receive the Criminal Petition on file in the interests of justice and to pass such IA NO: 2 OF 2024 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 may be pleased to grant stay of all further proceedings including appearance of the petitioners in STC. No. 10 of 2019 on the file of the Court of Learned Judicial Magistrate of First Class, Vizianagaram, pending disposal of the main Criminal Petition and pass such Counsel for the Petitioner/accused(S): 1. DIVYATHEJA GADIKOTA Counsel for the Respondent/complainant(S): 1. PUBLIC PROSECUTOR (AP) 3 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION No: 956 of 2024 The Court made the following Order: Instant Criminal Petition, under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the petitioners herein, seeking to quash the proceedings in STC No.10 of 2019 on the file of the learned Judicial Magistrate of First Class, Vizianagaram, for the offences of Clause 19 (a) of FCO 1985, punishable under Section 7(i)(a)(ii) of E.C.1955. 2. Heard Sri Surya Chaithanya, learned counsel who represented the learned counsel for the petitioners and learned Assistant Public Prosecutor appearing on behalf of respondent No.1-State. 3. Learned counsel for the petitioners, after arguing for some time, has confined his argument to the extent of dispensing with the presence of the petitioners before the trial Court by submitting petitioners practical constraints in attending before the trial Court and states that petitioner shall not dispute his identity at a later stage of proceedings. 4 4. On the other hand, learned Assistant Public Prosecutor contended that specific accusations have been made as against the petitioners herein and truth or otherwise of the said accusations has to be decided during the course of trial, hence, there are no grounds to quash the proceedings at this stage. So far as dispensing with the presence of the petitioners, before the trial Court, he has not opposed the same. 5. Since there are specific accusations that have been made as against the petitioners herein, which are all disputed questions of fact, the same can be decided during the course of trial, and this Court, in a petition filed under Section 528 of BNSS, 2023 corresponding to Section 482 Cr.P.C., would not be in a position to conduct roving enquiry into the disputed questions of fact and quash the proceedings at this stage. 6. In this context, it is apt to note the dictum held in State of Uttar Pradesh and Another Vs. Akhil Sharda and Others1, by the Apex Court in its vivid terms in the following way: 7. Having gone through the impugned judgment and order passed by the High Court by which the High Court has set aside the criminal proceedings in exercise of powers under Section 482 Cr.P.C., it appears that the High Court has virtually conducted a mini trial, which as such is 1 2022 LiveLaw (SC) 594 5 not permissible at this stage and while deciding the application under Section 482 Cr.P.C. As observed and held by this Court in a catena of decisions no mini trial can be conducted by the High Court in exercise of powers under Section 482 Cr.P.C., jurisdiction and at the stage of deciding the application under Section 482 Cr.P.C., the High Court cannot get into appreciation of evidence of the particular case being considered. 7. Considering the facts and circumstances of the case, this Court is not inclined to quash the proceedings against the petitioner herein. However, due to ground realities submitted by the counsel for the petitioners, presence of the petitioner (Accused) before the learned Judicial Magistrate of First Class, Vizianagaram, in STC No.10 of 2019 is hereby dispensed with, except on those dates when the learned trial Court feels that theirs presence is necessary. In the event of failure of the petitioners to appear when the trial Court specifically directs, this Order shall stands automatically revoked, without recourse to this Court. 8. Accordingly, the Criminal Petition is disposed of. 9. Needless to state that the petitioner is at liberty to raise all the grounds before the trial Court. 6 Interlocutory applications, if any, pending shall stand closed. ____________________________________ JUSTICE MAHESWARA RAO KUNCHEAM Date: 08.09.2026 vnb 7 THE HONOURABLE SRI JUSTICE MAHESWARA RAO KUNCHEAM CRIMINAL PETITION NO: 956 of 2024 Date: 08.09.2026 vnb