Andhra Pradesh High Court - Amravati
K. Janardhana Reddy vs State Represented By The Assistant ... on 2 July, 2025
APHC010315572025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3457]
(Special Original Jurisdiction)
WEDNESDAY,THE SECOND DAY OF JULY
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE HARINATH.N
CRIMINAL PETITION NO: 6567/2025
Between:
1. K. JANARDHANA REDDY, D.NO 18-603 OLD BUS STAND
CHITTOOR
2. T.BALACHANDAR, S/O. THAVAMANI, AGED ABOUT 35
YEARS, MANAGER (QCL, TEG ISO) D.NO.9-292, 4TH
FLOOR, KRISHNA NAGAR, OPPOSITE TO SIRIS
FACTORY, VIJAYAWADA, REPRESENTING M/S. GREEN
STAR FERTILIZERS, VIJAYAWADA
...PETITIONER/ACCUSED(S)
AND
1. STATE REPRESENTED BY THE ASSISTANT DIRECTOR
OF AGRICULTURE REGULAR, CHITTOOR, CHITTOOR
DISTRICT, ANDHRA PRADESH
2. THE STATE OF ANDHRA PRADESH, REP BY PUBLIC
PROSECUTOR, HIGH COURT AT AMRAVATI, ANDHRA
PRADESH
...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 Courtpleased to quash the proeeedings against the file of Honble Court of petitioners/aecused in C.C.No.376 of 2024 on Additional Civil Judge (Junior Division), Chittoor, registered U/S.Third 19 (1) & (A) of Fertilizer (Control Order)-1985 and section 7(1) (A) of Essential Commodities Act, 1955; in the interest of justice and pass IA NO: 1 OF 2025 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 pleased to STAY all further proceedings in C.C.No.376 of 2024 on the file of Hoif ble Court of Third Additional Civil Judge (Junior 2 HN, J Crl.P.No.6567_2025 Division), Chittoor, registered U/S. 19 (1) & (A) of Fertilizer (Control Order)-1985 and section 7(1) (A) of Essential Commodities Act, 1955; till the disposal of the Criminal petition and to pass s Counsel for the Petitioner/accused(S):
1. HARANADHA RAJU KATTA Counsel for the Respondent/complainant(S):
1. PUBLIC PROSECUTOR
2. 3
HN, J Crl.P.No.6567_2025 The Court made the following Common Order:
1. The petitioners are arraigned as Accused Nos.1 and 2 in C.C.No.376 of 2024, on the file of III Additional Civil Judge (Junior Division), Chittoor.
2. It is submitted by the learned counsel for the petitioners that the petitioners are charged with committing the alleged offences under Section 19(1) and (A) of the Fertilizer (Control) order, 1985 and Section 7(1)(A) of the Essential Commodities Act, 1955.
3. It is submitted that the 1st petitioner is shown as a proprietor of M/s.Sree Srinivasa Traders, and the 2nd petitioner is shown as Person Responsible of M/s.Greenstar Fertilizers.
4. The learned counsel for the petitioners submits that the 2nd petitioner is only employee of the company, and the samples of the Mono Ammonium Phosphate manufactured by the Green Star Fertilizers were drawn for testing. Upon receipt of the report of the Assistant Director of Agriculture, Cittoor, the samples were found to be not in accordance with the specifications. On the strength of the said report, the 1st respondent has filed the complaint before the Court.4
HN, J Crl.P.No.6567_2025
5. The learned counsel for the petitioners further submits that without arraigning the company as an accused, the proprietor of M/s.Sree Srinivasa Traders and the employee 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.
7. 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 2022.
8. 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 5 HN, J Crl.P.No.6567_2025 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.
9. 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 1st respondent cannot withstand the scrutiny of law.
10. Accordingly, the Criminal Petition is allowed. The proceedings against the petitioners/Accused Nos.1 and 2 in C.C.No.376 of 2024, on the file of III Additional Civil Judge (Junior Division), Chittoor, are hereby quashed.
Pending miscellaneous petitions, if any, shall stand closed.
___________________ JUSTICE HARINATH.N Date: 02.07.2025 JLV 6 HN, J Crl.P.No.6567_2025 82 HONOURABLE SRI JUSTICE HARINATH.N CRIMINAL PETITION No.6567 of 2025 Date: 02.07.2025 JLV