1977 Supreme(AP) 224
A.SAMBASIVA RAO
Bharat Hybrid Seeds and Agro Enterprises, Kurnool – Appellant
Versus
State – Respondent
( 1 ) THIS petition for quashing the entire proceeding in C. C. No. 17 of 1977 on the file of the Special Judicial Second glass Magistrate, Kurnool, is filed under section 482, Criminal Procedure Code. The petitioners, a firm and its managing partner, were charged with the offence under section 7 read with section 19 (a), seeds Act. The offence is alleged to have been committed on 7th September, 1973. The complaint was lodged on 8th november, 1976. The punishment that can be imposed for the alleged offence, even if it is proved and a conviction is based thereon, is only a fine ; and, therefore, as prescribed by section 468 (2) (a), the period of limitation for taking cognizance of such an offence is only six months. In this case, there is no doubt that the case has been filed long after the expiry of the period of six months which is the period of limitation. However, the Court took cognizance of the case. The present petitioners, when they appeared as accused, filed Criminal m. P. No. 66 of 1977 for throwing out the complaint as tune-barred and to acquit them. The lower Court refused to comply with this application and so the accused have filed the present application for quashing
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