This criminal appeal challenged the acquittal of an accused for unauthorized business conduct during 1998-99. The High Court upheld the lower court's dismissal of the prosecution due to the offense being barred by limitation.
Acquittal of the accused affirmed; prosecution barred by limitation.
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THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO CRL.A.NO.546 OF 2005
JUDGMENT:-
The appal is filed against the acquittal of the accused/respondent in STC No.17 of 2003 on the file of the Court of Additional Judicial Magistrate of First Class, Kovur.
A prosecution was launched for doing the business during the year 1998-1999. The court below found that except the interested evidence of PW.1, there is no other material to show that the accused has conducted his business during that period. Further more the court below has also taken into consideration that the offence under Section 7(1) of A.P. (Agricultural Produce and Live Stock) Markets Act,1987 is punishable for imprisonment up to one year and fine and the financial year of 1998-1999 ends by April-1999 and prosecution was filed on 30-10-2002 which is barred by limitation and, therefore, the complaint is liable to be dismissed.
After going through the reasons given by the Court below, there is no illegality or infirmity committed by the Court below in acquitting the accused and I do not find any reasons to interfere with the order of the court below and accordingly the appeal is liable to be dismissed.
Accordingly, the Appeal is dismissed.
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N.R.L. NĀGESWARA RĀO,J
13-02-2012 TSNR
1 issue framed by the court
Whether the prosecution under Section 7 of the Maharashtraland Produce Markets Act, 1987 is barred by limitation.
1 provisions across 1 enactments
State
Accused
N.R.L. Nageswara Rao
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
