Telangana High Court
Managing Director vs The State Of Telengana on 4 January, 2024
THE HONOURABLE SRI JUSTICE K.SURENDER
CRIMINAL PETITION Nos.3165 and 3172 of 2019
COMMON ORDER:
Crl.P.No.3165 of 2019:
Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioner/Accused No.1 to quash the proceeding in STC No.546 of 2019 on the file of the learned Additional Judicial Magistrate of First Class, Gadwal.
Crl.P.No.3172 of 2019:
Criminal Petition is filed under Section 482 of the Code of Criminal Procedure (for short Cr.P.C.) by the petitioners/Accused Nos.2 and 3 to quash the proceedings in STC No.546 of 2017 on the file of the learned Additional Judicial Magistrate of First Class, Gadwal.2
2. Since petitioners in both the cases are arrayed as accused Nos.1 to 3 in very same STC No.546 of 2017, both the petitions are disposed of by way of this common order.
3. Heard learned counsel for the petitioners and learned Public Prosecutor for the Respondent No.1 - State and perused the record.
4. The case of respondent No.2/complainant, who is an Officer under the Legal Metrology Act is that he searched the premises of accused No.1 and found Set Top Boxes, used for facilitating relay of TV channels etc. The said Set Top Boxes were found in violation of Section 18 of Legal Metrology Act, 2009 and also Rule 4 & 6(1) (a) (d), 6(2) of Legal Metrology (Packed Commodity) Rules, 2011.
5. The Set Top Box did not have the details, such as name and address of the manufacturer, date of packing, the details of consumer care number, e-mail for receiving complaints. The officer found that there is violation of said provisions for not 3 mentioning the details and storing the Set Top Boxes. The Set Top Boxes which were provided by accused No.3 to accused No.1.
6. Learned Senior Counsel Sri.A.Venkatesh, appearing for the petitioners would submit that even according to the complaint, it is a first offence and the maximum punishment would be Rs.25,000/-. The alleged search was on 15.12.2017 and complaint was filed on 19.02.2019. The said complaint was lodged after 14 months. The limitation prescribed under Section 468 of Cr.P.C is six (06) months for filing the complaint. Since the complaint was filed beyond the period of limitation, proceedings have to be quashed.
7. Admittedly, the offence is first offence and punishable up to Rs.25,000/-. The complaint ought to have been filed within the limitation period of six (06) months. Under Section 473 of Cr.P.C the Court is at liberty to extend the period of limitation when reasons are given by the complainant. 4
8. However, in the entire complaint, there is no such prayer made to condone the delay in lodging the complaint nor any reasons are given for filing the complaint beyond the period of six (06) months. On the said ground alone of not filing the complaint within limitation, the petitioners succeed and these petitions are allowed.
9. Several grounds were raised by the learned Counsel for the petitioner that there are Judgments of several High Courts that Set Top Boxes are not for sale as such the provision of Legal Metrology Act are not applicable etc. Since this Court finds that the complaint was not filed within time and no reasons are given for taking cognizance beyond the limitation period, there is no necessity to discuss the other grounds raised by the learned Counsel.
10. Accordingly, these Criminal Petitions are allowed and the proceedings against these petitioners in STC No.546 of 2017 on 5 the file of the learned Additional Judicial Magistrate of First Class, Gadwal are hereby quashed.
Miscellaneous applications pending, if any, shall stand closed.
_________________ K.SURENDER, J Date: 04.01.2024 mmr