Karnataka High Court
Shri Ganeshappa K.S vs The State Of Karnataka on 20 November, 2023
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:13568
CRL.P No. 101542 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101542 OF 2023
BETWEEN:
SHRI. GANESHAPPA K.S.,
FERTILIZER HEAD,
AGE. 48 YEARS,
ZUARI AGRO CHEMICALS LTD.,
ADVENTZ CENTRE, 1ST FLOOR,
NO.28 UNION STREET,
OFFICE CUBBON ROAD,
BENGALURU-560001.
... PETITIONER
(BY SRI. M.J. PEERJADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH FERTILIZER INSPECTOR
CUM AGRICULTURE OFFICER,
LOKAPUR O/O. ASSISTANT DIRECTOR OF
AGRICULTURE MUDHOL,
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI
R/BY S.P.P. HIGH COURT OF KARNATAKA,
M KANKUPPI
Date: 2023.11.23
16:48:22 +0530 BENCH DHARWAD.
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
SEEKING TO THAT THE COMPLAINT AND ALL FURTHER
PROCEEDINGS IN C.C.903/2022 FILED AND PENDING BEFORE THE
COURT OF ADDL. C.J. AND JUDICIAL MAGISTRATE FIRST CLASS
MUDHOL AGAINST THE PETITIONER/ACCUSED NO.2 UNDER CLAUSE
OF THE 19 OF THE FERTILIZER CONTROL ORDER 1985 R/W SEC. 3
AND 7 OF THE ESSENTIAL COMMODITIES ACT 1955 BE QUASHED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 101542 of 2023
ORDER
The petitioner/accused No.2-Sri. Ganeshappa K.S., who
is the Fertilizer Head of Zuari Agro Chemicals Limited, has
filed the present petition under Section 482 of the Code of
Criminal Procedure (hereinafter referred to as 'the Cr.P.C.',
for short) for quashing the complaint and all other
proceedings in CC No.903/2022 pending on the file of the
learned Additional Civil Judge and JMFC, Mudhol, for the
offences under Clause 19 of the Fertilizer (Control) Order,
1985 read with Sections 3 and 7 of the Essential
Commodities Act, 1955 (hereinafter referred to as the 'EC
Act', for short).
2. Heard the learned counsel appearing for the
petitioner and the learned Additional Government Advocate
appearing for the respondent-State.
3. As per the averments made in the complaint
dated 21.08.2020, a sample of the fertilizer was drawn by
the Agricultural Officer, Lokapur, from the premises of the
Proprietor of Zuari Agro Chemicals Limited, Jai Kisan
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CRL.P No. 101542 of 2023
Junction, Lokapur. Upon analysis of the same by the
Testing Laboratory, the fertilizer was found to be of
substandard. A show cause notice was issued to the
petitioner/accused No.2 and accused No.1. Accused No.1
requested for the owner's sample to be sent for reanalysis
to the Commissioner of Agriculture, Sheshadri Road,
Bangalore. The complainant receives the test report on
17.09.2019 from the Analyst, Fertilizer Control laboratory,
Indore, Madhya Pradesh, wherein the owner's sample of
fertilizer has also failed in re-analysis test and found to be a
sub-standard one. The copy of the said reanalysis report
was issued to accused No.1 along with a notice and also to
the petitioner.
4. Ultimately, the complainant namely Agricultural
Officer, Lokapur, Office of the Assistant Director of
Agriculture, Mudhol, filed a complaint on 21.08.2020 in the
Court of Judicial Magistrate First Class, Mudhol, against the
Proprietor of Zuari Agro Chemicals Limited, Lokapur, as well
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CRL.P No. 101542 of 2023
as the petitioner-Sri. Ganeshappa K.S.-the Fertilizer Head of
Zuari Agro Chemicals Limited.
5. The main ground upon which the complaint and
proceedings have been sought to be quashed, is that, while
filing the complaint, the manufacturing company namely
Zuari Agro Chemicals Limited Company was not arrayed as
a co-accused. On that basis, it is submitted that the
complaint under Sections 3 and 7 of the EC Act and clause
19 of the Fertilizer (Control) Order, itself, was not
maintainable.
6. Learned counsel for the petitioner has submitted
that in the absence of arraying the manufacturing company
as a co-accused, the complaint filed against the petitioner-
Sri. Ganeshappa K.S., Ferlizer Head of the company was not
maintainable and to support the aforesaid submission, he
has placed reliance upon the following decisions:
i) State of Madras v. C.V. Parekh1
ii) Diwan Chand v. State of Punjab and another2
1970 (3) SCC 491
2006 SCC Online P&H 359
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CRL.P No. 101542 of 2023
iii) Yogpal Malik v. State of Haryana3
iv) Decision of this Court in Criminal Petition
No.100263/2019 disposed of on 01.10.2021
7. After hearing the learned counsel for the parties,
I find the submission made by the learned counsel for the
petitioner has merit and the petition deserves to succeed.
8. I have perused the complaint and found that the
company Zuari Agro Chemicals Limited was not arrayed as a
co-accused and therefore, in the absence of arraying the
aforesaid company as a co-accused, the complaint could not
have been filed against the petitioner Sri. Ganeshappa K.S.,
the Fertilizer Head of the company. My view finds full
support of the judgments in the cases of State of Madras,
Diwan Chand, Yogpal Malik and in Criminal Petition
No.100263/2019 (supra).
9. In the result, the present petition is allowed and
all consequential proceedings against the petitioner are
hereby quashed.
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CRL.P No. 101542 of 2023
10. It is made clear that quashing of the complaint
against the present petitioner/Sri. Ganeshappa K.S. shall
have no bearing in effective continuance of the proceedings
initiated against the remaining accused.
Sd/-
JUDGE
Kmv
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