Telangana High Court
CRLP/9159/2010 of Gujja Someswara Rao Vs The State of Andhra Pradesh, on 31 December 2010
SRI JUSTICE R. KANTHA RAO CRIMINAL PETITION No. 9159 OF 2010. O R D E R : Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor representing the State. This Criminal Petition is filed under section 482 Cr.P.C., seeking to quash the entire proceedings in
THE HONOURABLE SRI JUSTICE R. KANTHA RAOCRIMINAL PETITION No.9159 OF 2010.
Citations and Judicial Treatment
Cited by
0
Decisions in the index citing it
Cites
0
Decisions referred to
In this index
0
Of the decisions it cites
Overruled / Questioned
0
No negative treatment found
Loading the citing and cited decisions…
This judgment in the centre: on the left the decisions it cites, on the right the decisions citing it. Colour is the treatment; choose a decision to open it.
O R D E R :
Heard the learned counsel for the petitioner and the learnedAdditional Public Prosecutor representing the State.
This Criminal Petition is filed under section 482 Cr.P.C.,seeking to quash the entire proceedings in CC.No.180 of 2009 on thefile of the Court of III-Additional Judicial Magistrate of First Class,Kakinada, East Godavari district.
The facts, which are not in dispute are that the petitioner is theproprietor of Sri Veerabhadra Swamy Binny Rice Mill and he is alsocarrying on business under the name and style, “TirumalaEnterprises”, Wardhannapet, Warangal district. The petitioner hasbeen carrying on business in paddy and rice. While 100 metrictonnes of rice was being transported on a lorry bearing Regdn.No.AHF-3969 and on the way to Samalkota to Rajahmundry, it wasintercepted by the Inspector of Police, Vigilance and EnforcementDepartment, Rajahmundry with his team and a case was registeredagainst the petitioner for the offences under sections 406 and 420IPC.
The entire case is rested on the fact that the rice which werebeing carried on the lorry at the instance of the petitioner is the ricepurchased from the labourers and the said rice relates to Food forWork Programme.
As rightly contended by the learned counsel for the petitionerthat even if the entire allegation is believed, since there is noentrustment of the rice by any authorities of the Government to thepetitioner, the offence under section 406 IPC is not attracted.Similarly even if the rice was purchased from the labourers , it doesnot attract the offence of cheating provided under section 420 IPC. If acase of this nature is allowed to continue on the file of the learned Magistrate, it results in undue harassment to the petitioner and also itis nothing but abuse of process of law.
For the reasons aforementioned, the entire further proceedingsin CC.No.180 of 2009 on the file of the Court of III-Additional JudicialMagistrate of First Class, Kakinada, West Godavari, are herebyquashed.
The Criminal Petition is accordingly allowed.
JUSTICE R.KANTHA RAO
17/09/2010
I s L
THE HONOURABLE SRI JUSTICE R. KANTHA RAO
CRL.PETITION No. 9159 OF 2010
17-09-2010I s L