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. 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
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.
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
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
