Raja Industries Situated at Yellareddy town rep. by its Owner Sri vengapalli ramesh v. Agricultural Market Committee, rep by its secretary Sri Kothapalli Om Prakash
2006-03-08
P.S.NARAYANA
body2006
DigiLaw.ai
( 1 ) HEARD the learned counsel. ( 2 ) THE Criminal Petition is filed to quash the proceedings in C. C. No. 157 of 2003, on the file of the Judicial Magistrate of First class (Special Mobile at Kamareddy) in charge Judicial Magistrate of First Class, armoor. ( 3 ) THE main ground of attack is that the prosecution case is hopelessly barred by limitation. It is not in serious controversy that the amount said to be due is of the years 1990- 91,1991-92,1992-93 to 1994-95. It was also not in serious controversy that the complaint was filed with an inordinate delay of about eight years. Apart from the above aspects, as far as the prosecution under Section 12-C of andhra Pradesh (Agricultural Produce and live Stock) Market Act, 1966 (for short the act ) and Section 23 of the Act is concerned, the proceedings are liable to be quashed, in the light of the ratio in B. Youndhister v. Agricultural Market Committee, Jogipel, medak District. As far as other ground is concerned i. e. the bar of the limitation, this court is of the considered opinion that it would not be just to further permit the proceedings to go on even in relation to Section 17-C (1) and section 7 (3) of the Act. ( 4 ) THE learned Public Prosecutor relied on G. Venugopal v. Stete of M. P. (Agricultural produce and Livestock) Markets Rules, 1969. In view of the same, the proceedings in c. C. No. 157 of 2003 are hereby quashed. Accordingly, the Criminal Petition is allowed.