Basavaraj S. Math vs The State Of Karnataka
2024 Latest Caselaw 4233 Kant

Karnataka High Court

Basavaraj S. Math vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                    -1-
                                                            NC: 2024:KHC-D:3059
                                                            CRL.P No. 100395 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. 100395 OF 2024
                      BETWEEN:
                      1.   BASAVARAJ S. MATH,
                           AGE. 34 YEARS, OCC. PROP SHRI
                           SIDDRAMESHWAR AGRO TRADERS,
                           GADDANAKERI CROSS, BAGALKOTE
                           NOW R/O. NO. #184 GADDANKERI, BAGALKOTE,
                           DIST. BAGALKOTE-587103.

                      2.   N.M. BASAVARAJ,
                           AGE. 64 YEARS, OCC. DEPUTY GENERAL MANAGER,
                           M/S. SAMRTCHEM TECHONOLOGIES LTD.,
                           706, 1ST FLOOR, 9TH CROSS, 2ND STAGE,
                           MODI HOSPITAL ROAD, MAHALAXMI PURAM,
                           WEST CHORD ROAD, DIST. BANGALORE-560086.
                                                                   ... PETITIONERS
                      (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
         Digitally
         signed by
                      DEPARTMENT OF AGRICULTURE,
         MANJANNA
MANJANNA E
E        Date:
                      FERTILIZER INSPECTOR AND JOINT DIRECTOR OF
         2024.02.12
         16:09:27
         +0530
                      AGRICULTURE BAGALKOT NOW 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.2623/2021 DATED 11.08.2021, FOR THE OFFENCE
                      P/U/CLAUSE 19 OF FERTILIZER (CONTROL) ORDER 1985 AND R/W 3
                      AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE
                      THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT BAGALKOT,
                      AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2, IN THE
                      INTEREST OF JUSTICE AND EQUITY.
                               -2-
                                       NC: 2024:KHC-D:3059
                                       CRL.P No. 100395 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:3059

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

VB CT:BCK