MUKESH KUMAR MITTAL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) IN this petition filed under Section 482 Cr.P.C, the petitioner/A2 seeks to quash the proceedings in C.C.No.637 of 2012 on the file of Additional Judicial First Class Magistrate, Karimnagar.

(2.) THE factual matrix of the case is thus: The complainant is the Mandal Agricultural Officer -cum -Seed Inspector, Kodimial Mandal, Karimnagar District. A.1 is the Proprietor of M/s Kaveri Fertilizer, Pesticides & Seeds, Kodimial and A.2 is the Distributor and Producer of the seeds.

(3.) DENYING the complaint allegations, the learned counsel for petitioner/A.2 sought for quashment of the proceedings on the main plank of argument that the complaint in this case was filed on 07 -02 -2012 and the learned Additional Judicial First Class Magistrate, Karimnagar, took cognizance of the case on 21 -06 - 2012 and numbered as C.C. 637 of 2012 and served summons directing the accused to appear before the Court on 20.01.2015. But, in the meanwhile, the shelf life of the cotton seed, which was only 9 months from the date of testing, was only upto 02 -03 -2012 and therefore as on the date of receiving summons from the Court, the petitioner/A2 has lost valuable right under Section 16(2) of the Act to request the Court for sending the second sample for analysis and hence, the continuation of the proceedings will amount to abuse of process of law. He relied upon the decision Mallela Laxmi and others vs. State of Andhra Pradesh, 2002 2 ALD(Cri) 860 and submitted that in this similar circumstances, the Honble High Court was pleased to quash the proceedings under Section 482 Cr.P.C.