Santosh Handage vs The State Of Karnataka
2024 Latest Caselaw 4232 Kant

Karnataka High Court

Santosh Handage vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                   -1-
                                                          NC: 2024:KHC-D:3057
                                                          CRL.P No. 100392 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. 100392 OF 2024
                      BETWEEN:
                      1.   SANTOSH HANDAGE,
                           AGE. 32 YEARS, OCC. OWNER,
                           M/S. KRISHIRANGA AGRITECH PVT LTD.,
                           PLOT NO.3, SAMBRA ROAD, MARUTHI NAGAR,
                           BELAGAVI-590001.

                      2.   ANIL BABURAO PATIL,
                           AGE. 35 YEARS, OCC. DEALER,
                           KRISHNA GODAVATI KBB UVVSS LTD.,
                           KRISHNA GODAVRI ARCADE BLOCK-1
                           BANNAHATTI PLOT, KENAL ROAD,
                           RAIBAG, DIST. BELAGAVI-591317.

                      3.   S.PAURSHOTTAM CHARULU,
                           AGE. 40 YEARS, OCC. DEPUTY GENERAL MANAGER,
                           ICL MANAGEMENT AND TRADING INDIA PVT.LTD.,
                           302, COSMOS CLASSIC, 10TH MAIN,
                           NRI LAYOUT, KALAKERI MAIN ROAD,
                           BANGALURU-560016.
                                                                      ... PETITIONERS
                      (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)
         Digitally
         signed by
         MANJANNA
MANJANNA E
E        Date:
         2024.02.12
         16:09:08
                      AND:
         +0530



                      THE STATE OF KARNATAKA,
                      DEPARTMENT OF AGRICULTURE,
                      THROUGH ASSISTANT DIRECTOR OF AGRICULTURE CUM
                      FERTILIZER INSPECTOR, ADA OFFICE, RAIBAG,
                      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/SEC. 482 OF CR.P.C.
                      EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN
                      C.C.NO.17/2023 DATED 19.01.2023, FOR THE OFFENCE P/U/SEC. 7(1)
                                -2-
                                        NC: 2024:KHC-D:3057
                                        CRL.P No. 100392 of 2024




(A-1) OF AGRICULTURE AND FERTILIZER ACT PENDING BEFORE JMFC-II
COURT AT BELAGAVI, AGAINST THE 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:3057

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

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