Yallappa Channappa Jamagouda vs The State Of Karnataka
2024 Latest Caselaw 4230 Kant

Karnataka High Court

Yallappa Channappa Jamagouda vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

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                                                           NC: 2024:KHC-D:3055
                                                           CRL.P No. 100341 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. 100341 OF 2024
                      BETWEEN:
                      1.   YALLAPPA CHANNAPPA JAMAGOUDA
                           S/O CHANNAPPA, AGE. 56 YEARS,
                           OCC. CHIEF EXECUTIVE OFFICER,
                           PKPS HAURGER, TQ. RAIBAG-591220.

                      2.   B. CHETAN S/O B. KODILINGEGOWDA,
                           AGE. 56 YEARS, OCC. FIELD OFFICER IFFCO LTD,
                           C/O SARJOO KATKAR KAVYA NILAYA,
                           MAHANTESH NAGAR, BELAGAVI-590001.

                      3.   DEPUTY GENERAL MANAGER,
                           CUM COMPLIANCE OFFICER INDIAN FARMERS FERTILIZERS,
                           CO-OPERATIVE (IFFCO) LTD,
                           P.O. CANDLA, GADHIDAM, GUJARAT-370201,
                           R/BY S.K SINGH @ SINGH SURESH KUMAR
                           S/O ADHIK LAL SINGH.
                                                                     ... PETITIONERS
                      (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)

                      AND:

         Digitally
         signed by
         MANJANNA
                      THE STATE OF KARNATAKA,
MANJANNA E
E        Date:
         2024.02.12
                      DEPARTMENT OF AGRICULTURE,
         16:08:49
         +0530        THROUGHA ASSISTANT DIRECTOR OF AGRICULTURE CUM
                      FERTILIZER INSPECTOR, ADA OFFICE, RAIBAG,
                      R/BY ADDL SPP HIGH COURT OF KARNATAKA, DHARWAWD
                      BENCH-580011.
                                                                    ... RESPONDENT
                      (BY SRI. P.N. HATTI, HCGP)

                           THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING
                      TO EXERCISE INHERENT POWERS U/S 482 OF CR.P.C., EXAMINE THE
                      RECORDS AND QUASH THE TAKING COGNIZANCE IN CC NO.707/2018
                      DATED 08.08.2018 FOR THE OFFENCES PUNISHABLE U/S 7(i) (A) (ii) OF
                      ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE
                      ADDL.CIVIL JUDGE AND JMFC COURT AT RAIBAG, AGAINST THE
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                                       NC: 2024:KHC-D:3055
                                       CRL.P No. 100341 of 2024




PETITIONERS/ACCUSED NO.1, 2 AND 3, IN THE INTEREST OF JUSTICE
AND EQUITY.

     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:3055

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

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