Dada S/O Kenchanppa Patil vs The State Of Karnataka
2024 Latest Caselaw 4229 Kant

Karnataka High Court

Dada S/O Kenchanppa Patil vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                    -1-
                                                            NC: 2024:KHC-D:3054
                                                            CRL.P No. 100313 of 2024




                                    IN THE HIGH COURT OF KARNATAKA,
                                            DHARWAD BENCH
                              DATED THIS THE 12TH DAY OF FEBRUARY, 2024
                                                   BEFORE
                              THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                                 CRIMINAL PETITION NO. 100313 OF 2024
                      BETWEEN:
                      1.   DADA S/O KENCHANPPA PATIL,
                           AGE. 51 YEARS, OCC. SECRETARY PRIMARY
                           AGRICULTURE SAHAKARI SANGH HEBBAL,
                           R/O HEBBAL, TQ. HUKKERI,
                           DIST. BELAGAVI-591221.

                      2.   SUDHEER KUMAR S/O RAMA KANT SHUKLA,
                           AGE. 53 YEARS, OCC. COMPLIANCE OFFICER,
                           INDIAN FARMERS FERTILIZERS CO-OPERATIVE LTD.,
                           PARADEEP UNIT ORISSA-754142,
                           DIST. JAGATSINGHPUR, ODISHA-754120,
                           R/O. C-106, IFFCO TOWNSHIP MUSADIA,
                           PARADEEP, ATHARBANKI RLY COLONY,
                           JAGATSINGHAPUR, ODISHA-754120.
                                                                      ... PETITIONERS
                      (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
         Digitally
                      DEPARTMENT OF AGRICULTURE,
         signed by
         MANJANNA
MANJANNA E
                      AGRICULTURE OFFICER CUM FERTOLIZER INSPECTOR
E        Date:
         2024.02.12
         16:08:37     RAITA SAMPARKA KENDRA SANKESHWAR,
         +0530
                      TQ. HUKKERI,DIST. BELAGAVI,
                      R/BY ADDL SPP HIGH COURT OF KARNATAKA,
                      DHARWAD BENCH-580011.
                                                                       ... RESPONDENT
                      (BY SRI. P.N. HATTI, HCGP)

                            THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                      SEEKING TO EXERCISE INHERENT POWERS U/SE. 482 OF CR.P.C.
                      EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN CC
                      NO.637/2017, DATED 03.02.2017, FOR THE OFFENCES P/U/SEC. 19 OF
                      FCD ACT 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING
                      BEFORE THE PRL. CIVIL JUDGE AND JMFC COURT AT SANKESHWAR,
                      AGAINST THE PETITIONERS/ACCUSED NO. 1 AND 2, IN THE INTEREST
                      OF JUSTICE AND EQUITY.
                                -2-
                                        NC: 2024:KHC-D:3054
                                        CRL.P No. 100313 of 2024




     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:

                             ORDER

1. This petition is filed by the petitioners

challenging the initiation of criminal proceedings against

the petitioners on the ground that company has not

arraigned as a party to the proceedings.

2. The Co-ordinate Bench of this Court in Criminal

Petition No. 100264/2019 and connected matters, decided

on 1.10.2021, has held that Company having not been

arraigned as an accused, the officers of the Company or

the dealers cannot be held vicariously guilty as specified

under Section 10 of the Essential Commodities Act, 1955.

Therefore, continuation of criminal proceedings against the

petitioners will be an abuse of process of law.

3. In the light of the above referred judgment, the

proceedings initiated against the petitioners would be an

NC: 2024:KHC-D:3054

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

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