2014 (6) TMI 1058

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....AV, ADV. FOR THE RESPONDENT : BY SRI KESHAVA MURTHY, ADDL. SPP ORDER The accused in C.C. No.293/2013 pending on the file of JMFC., Molakalmuru, has come up in this petition seeking quashing of the aforesaid proceeding, which is registered pursuant to cognizance being taken in unnumbered PCR of 2013, which was filed by the respondent, who is Assistant Director of Agriculture and Seed Inspe....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....is said to have received by the Seed Analyst on 27.08.2012. It is the case of the prosecution that the Seed Analyst submitted a report in respect of the sample drawn from a specific lot of seeds holding that they do not conform to the standard of specification regarding germination and purity as specified under Section 6(a) of the Act. Hence, a private complaint is filed seeking to take cognizance....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... is hit by limitation under Section 468(2) (a) of the Code of Criminal Procedure. According to him, the said offence being first offence, the punishment which could be imposed is fine upto Rs. 500/- for the first offence. It is stated that with reference to offences where only fine is required to be imposed, the complaint is required to be filed within six months from the date of offence being det....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....rocess adopted by the complainant in collection of sample, getting the same verified in the laboratory and thereafter, filing the complaint is erroneous. 4. Having heard the learned counsel for petitioner as well as learned Addl. State Public Prosecutor appearing on behalf of respondent herein, this Court find that the prosecution has failed to convince this Court on both aspects regarding the ....