Telangana High Court
Dwaraka Seeds Pvt Ltd vs The State Of Telangana on 13 September, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.8895 of 2023
ORDER:
This Criminal Petition is filed under Section 482 of Code of Criminal Procedure (for short 'Cr.P.C.') seeking to quash the docket order dated 01.08.2023 passed by the learned Judicial Magistrate of First Class, Suryapet, in C.C.No.1264 of 2022 and release Car bearing No.TS-07-HN-4670 Mahindra XUV 500 model and VIVO company model phones bearing IMEI Nos.869308046013295 and 869308046013287, in favour of the petitioner.
2. Heard learned counsel for the petitioner-accused and Sri S.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. Perused the record.
3. On the basis of a complaint lodged by respondent No.2, the police registered FIR No.59 of 2021 for the offences punishable under Sections 420 and 120(B) IPC read with Section 34 IPC, Section 3(1) of Seeds Control Act and Section 6-A of Essential Commodities Act (for short 'the E.C. Act') against the petitioner and seized Chilli seeds weighing about 349.84 kgs in 19 plastic bags and 19 carton boxes and the subject vehicle as well as the aforesaid phones of the petitioner.
GAC,J Crl.P.No.8895_2023 2
4. It is stated in the affidavit filed by the petitioner in support of this petition that he is the owner of the subject vehicle as well as the aforesaid phones and he moved the District Collector, Suryapet, for release of the same in his favour; that in the copy of letter dated 28.01.2022 addressed by the District Agricultural Officer to the District Civil Supply Officer, Suryapet, furnished to him on 12.04.2022, it is clearly stated that no case under Section 6-A of the E.C. Act was booked against the petitioner; that the petitioner filed a petition under Section 451 Cr.P.C. before the learned Judicial First Class Magistrate, Suryapet, with a prayer to release the subject vehicle as well as the mobile phones, but, the same was returned on 07.02.2023 on the ground that the petition is not maintainable as per the provisions of Section 6-A(2) of E.C. Act and the petitioner was given liberty to approach proper Court; that the petition submitted by the petitioner again on 01.08.2023 was returned on the same ground as mentioned in the docket order dated 07.02.2023. Questioning the said docket order, the present criminal petition is filed.
5. A perusal of the docket order dated 01.08.2023 clearly shows that the Court below has returned the petition filed by the petitioner under Section 451 Cr.P.C. without even numbering the GAC,J Crl.P.No.8895_2023 3 same. In the circumstances, this Court is of the view that the Court below ought not to have returned the petition in question at the threshold and ought to have numbered the petition filed by the petitioner under Section 451 Cr.P.C. and passed necessary orders thereon after going into the merits of the case of the petitioner.
6. In view of the above, the petitioner is directed to resubmit the petition before the Court below and the Court below is directed to number the same and pass appropriate orders only after going into the merits of the case, within one week from the date of resubmitting the petition under Section 451 Cr.P.C. by the petitioner.
7. The Registry is directed to return the petition filed by the petitioner under Section 451 Cr.P.C. for enabling him to resubmit the same before the Court below.
8. Subject to the above, the Criminal Petition is disposed of.
Miscellaneous applications, if any pending, shall stand closed.
_________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 13.09.2023 Note: Issue C.C. by 14.09.2023.
B/o.
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