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2020 Supreme(AP) 142

D.V.S.S.SOMAYAJULU
Andhra Pradesh Granite Midwest Pvt. Ltd. – Appellant
Versus
Andhra Pradesh Mineral Development Corporation Ltd. – Respondent


Advocates:
Advocate Appeared:
T. Sreedhar, Advocate, S. Parineeta, Advocate

JUDGMENT :

D V S S Somayajulu, J.

This criminal petition is filed under Section 482 Cr.P.C., to quash all further proceedings in FIR.No.246 of 2019 of Chimakurthy Police Station, Prakasam District on the ground that an essentially civil dispute has been given a criminal colour and that the prosecution is malicious.

2. This Court has heard Sri T.Sreedhar, learned counsel for the petitioner; the learned Public Prosecutor appearing for respondent No.2 and the learned counsel for the respondent No.1, who has argued in line with the counter affidavit filed.

3. Sri T.Sreedhar, learned counsel appearing for the petitioner points out that contractual relationship between the petitioner and the first respondent is governed by an agreement dated 04.06.2007 by which he states that the petitioner is given the right to excavate and take out black galaxy granite. Learned counsel points out that since 2007, the agreement has been in force, guarantees were also given and all other contractual obligations were complied. Learned counsel points out that there is a methodology prescribed for termination of the contract, particularly by the first respondent if there is a breach by the petitioner. It is his

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