O R D E R:

This Criminal Petition is filed under Section 482 of Cr.P.C., by the petitioners/accused Nos.1 to 3, seeking to quash the C.C.No.498 of 2022 pending on the file of learned II Additional Junior Civil Judge, Miryalguda, registered for the offences under Sections 120(b), 420, 409, 487 r/w 34 of IPC.

2. Heard learned counsel representing petitioners and Mr.E.Ganesh, learned Assistant Public Prosecutor for respondent No.1-State. No representation on behalf of respondent No.2. Perused the record.

3. The brief facts of the case are that on 20-09-2021, the 2^nd respondent/Mandal Agricultural Officer lodged a complaint before the Station House Officer, Wadapalli Police Station, Nalgonda alleging that on 20-09-2021 at around 4:00 p.m. in the evening, he received a phone call from one Katikam Saidul Reddy, who is the owner of Raitu Mitra Seeds Shop, Damaracherla stating that one unknown person brought some packets of granules to the shop of Saidul Reddy and tried to sell the same, when he observed the packets and found that the same appeared as suspicious. Immediately, the 2nd respondent and his staff rushed to the Raithu Mitra at Sindhanoor Village of Rayachur District of Karnataka State and examined the packets and found that (2) packets are named as Sanfuran-3G and (3) packets are named as Matrifuron-3G, each bag weighing 5 kgs., the said packets are having two company names i.e. Matrix Agro Technologies Pvt. Ltd. and Sanjay Insecticide Pvt. Ltd. and the same companies are not present in the open market. The 2^nd respondent opened two packets and identified the granules as spurious granules. The accused are manufacturing granules with an intention to gain easy money without any qualification and selling the same to innocent persons and requested to initiate criminal action against them. Basing on the complaint, the police registered a case vide F.I.R.No.338 of 2021 for the offences under section 420 and 487 of IPC. Later, after formal investigation, the police filed the charge sheet adding sections 120(b) and 409 of IPC excluding the sections above and the same was numbered as C.C.No.498 of 2022. Aggrieved by the same, the present Criminal Petition is filed seeking to quash the calendar case.

4. Learned counsel for the petitioners contended that the petitioners are innocent and they are falsely implicated in the present case by the police without any report of the Seed Analyst, directly registered F.I.R No.338 of 2021 against the petitioners on the complaint made by the 2^nd respondent. He further contended that the allegations made against the petitioners are absolutely false and fabricated with an intention to maliciously implicate them in the criminal case. He further contended that the 2nd respondent is a Government Servant and he is working as Mandal Agricultural Officer at Damarcherla and in active collusion with the police, foisted a false criminal case on the complaint made by the 2nd respondent against the petitioners herein without any report submitted by the Seed Analyst. He further contended that in the absence of any proof that the granules were spurious, offence under Section 420 of the IPC does not attract, further, there is no allegation that the petitioners have induced the complainant from the inception. Thus, the contents of the charge sheet lack the ingredients of Section 420 of IPC. The police officers cannot register an F.I.R against the petitioners without there being any report of the Seed Analyst stating that the petitioners were involved in packing and processing spurious granules without displaying a valid license and that they have duped innocent persons.

5. He further contended that Section 487 of IPC "Fraudulently marking a false mark upon any package or receptacle containing goods, with intent to cause it to be believed that it contains goods which it does not contain, etc., as such without any report of the Seed Analyst, the police cannot register a case under section 487 of IPC. He further conten