Karnataka High Court
Suresh Singanal vs State on 6 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:2647
WP No. 100412 of 2021
C/W WP No. 100422 of 2021
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
WRIT PETITION NO. 100412 OF 2021 (GM-RES)
C/W
WRIT PETITION NO. 100422 OF 2021 (GM-RES)
IN W.P. NO. 100412 OF 2021:
BETWEEN:
1. SURESH SINGANAL,
AGE. 46 YEARS,
R/O. GANGAVATI, KOPPAL,
DIST. KOPPAL, KARNATAKA STATE-583227.
2. MASKI SIDDANNA S/O. MALLIKARJUN,
AGE. 47 YEARS, R/O. GANGAVATI,
KOPPAL, DIST. KOPPAL,
KARNATAKA STATE-583227.
3. KALLAPPA
AGE. 67 YEARS,
Digitally
signed by
MANJANNA
R/O. GANGAVATI,
MANJANNA E
E Date:
2024.02.08
KOPPAL, DIST. KOPPAL,
11:19:08
+0530
KARNATAKA STATE-583227.
... PETITIONERS
(BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY GANGAVATI RURAL POLICE,
DIST. KOPPAL-583227,
R/BY S.P.P. HIGH COURT OF KARNATAKA,
DHARWAD.
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WP No. 100412 of 2021
C/W WP No. 100422 of 2021
2. NANDA PALLED,
SHERISTEDAR,
FOOD AND CIVIL SUPPLIES,
TAHASILDAR OFFICE, GANGAVATI,
DIST. KOPPAL-583227.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO IT IS HEREBY
PRAYED THAT THE COMPLAINT FILED BY COMPLAINANT I.E.,
RESPONDENT NO.2 SMT. NANDA PALLED ON 21.01.2021 BY
REGISTERING FIR NO.0021/2021 BEFORE GANGAVATI SUB
DIVISION TOWN POLICE STATION, AGAINST THE PETITIONERS FOR
THE OFFENSES PUNISHABLE U/S.3 AND 7 OF ESSENTIAL
COMMODITIES ACT AND U./S.420 AND 201 OF I.P.C BY QUASHED BY
THIS HON'BLE COURT, IN THE INTEREST OF JUSTICE.
IN W.P. NO. 100422 OF 2021:
BETWEEN:
1. SURESH SINGANAL,
AGE. 46 YEARS,
R/O. GANGAVATI,
KOPPAL, DIST. KOPPAL.
KARNATAKA STATE-583227.
2. MASKI SIDDANAN S/O. MALLIKARJUN,
AGE. 47 YEARS, R/O. GANGAVATI,
KOPPAL, DIST. KOPPAL,
KARNATAKA STATE-583227.
3. KALLAPPA
AGE. 67 YEARS,
R/O. GANGAVATI,
KOPPAL, DIST. KOPPAL
KARNATAKA STATE-583227.
... PETITIONERS
(BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE)
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WP No. 100412 of 2021
C/W WP No. 100422 of 2021
AND:
1. STATE OF KARNATAKA,
BY GANGAVATI RURAL POLICE,
DIST. KOPPAL-583227,
R/BY STATE S.P.P.
HIGH COURT OF KARNATAKA.
2. K.R. DEVARAJ
FOOD SHERISTEDAR, TALUK OFFICE,
GANAGAVATI, DIST. KOPPAL-583227.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP)
THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227
OF THE CONSTITUTION OF INDIA, PRAYING TO IT IS HEREBY
PRAYED THAT THE COMPLAINT FILED BY COMPLAINANT I.E.
RESPONDENT NO.2 K.R. DEVARAJ ON 21.01.2021 BY REGISTERING
FIR NO.0052/2021 BEFORE GANGAVATI SUB DIVISION RURAL
POLICE STATION, AGAINST THE PETITIONERS FOR THE OFFENCES
PUNISHABLE U/S.3 AND 7 OF ESSENTIAL COMMODITIES ACT AND
U/S.420 AND 201 OF I.P.C., BE QUASHED BY THIS HON'BLE COURT,
IN THE INTEREST OF JUSTICE. B) ISSUE AN ORDER OR DIRECTION
IN THE NATURE OF MANDAMUS IN THE INTEREST OF JUSTICE.
THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP, THIS DAY, THE COURT MADE THE FOLLOWING:
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WP No. 100412 of 2021
C/W WP No. 100422 of 2021
ORDER
1. These petitions are filed challenging the
registration of criminal proceedings for the offences
punishable under Sections 3 and 7 of Essential
Commodities Act and under Sections 420 and 201 of I.P.C.
2. The allegation in the complaint is that the
petitioners were transporting rice, which was meant for
distribution under the Public Distribution System.
3. The Co-ordinate Bench of this Court, in
Criminal Petition No.101739/2021 and connected matters,
disposed of on 16.2.2022, has held that unless the goods
in question were examined by the Forensic Science
Laboratory and certified to be an essential commodity
meant for Public Distribution System, the proceedings
would be unsustainable.
4. In these cases, admittedly, there is no
certification by the Forensic Science Laboratory that the
rice that was seized was meant for Public Distribution. In
that view of the matter, in the light of the above
NC: 2024:KHC-D:2647
judgment, these petitions are allowed and the proceedings
stands quashed.
Sd/-
JUDGE
VB
CT:BCK
