LAW FOR ALL

Agricultural Market Committee,- Significantly, the prosecution of the petitioner/accused was launched by the Secretary, Agricultural Market Committee, Kakinada under the said provision of law on the ground that the petitioner/accused failed to pay the relevant market fee as per the assessment order for procuring agricultural products from outside to the market area at Kakinada. Crl.M.P.No.742 of 2008 was filed before the Judicial Magistrate of First Class, Special Mobile Magistrate at Kakinada for discharge consequent upon setting aside the assessment order by the competent authority.-The question of prosecution is subject to the survival of the assessment order. When once the assessment order is set aside, the question of prosecution does not survive at all. When it is clear that the prosecution does not survive, the question of procedural stage to entertain the matter looses its ground or need not be entertained. Therefore, the observation of the learned Magistrate that as there was no stage to entertain the application and the matter could be disposed of only by the ultimate trial is not tenable. In the result, the petition is allowed quashing the proceedings as prayed for.