Bhojappa H Nyamagoud vs The State Of Karnataka
2024 Latest Caselaw 4234 Kant

Karnataka High Court

Bhojappa H Nyamagoud 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:3073
                                                            CRL.P No. 100403 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. 100403 OF 2024
                   BETWEEN:
                   1.    BHOJAPPA H. NYAMAGOUD,
                         AGE. 62 YEARS, OCC. OWNER OF SANGAMESHWAR AGRO
                         AGENCY SAVALAGI, TQ.JAMAKHANDI,
                         DIST. BAGALKOT-587301.

                   2.   ABHISHEK MITLKOD,
                        AGE. 29 YEARS, OCC. SALES OFFICER COROMANDAL
                        INTERNATIONAL LTD., C/O.P.B. ANANTPUR AND
                        COMPANY, APMC YARD, JAMAKHANDI-587301.
                                                                  ... PETITIONERS
                   (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)

                   AND:

                   THE STATE OF KARNATAKA,
                   DEPARTMENT OF AGRICULTURE,
                   FERTILIZER INSPECTOR CUM AGRICULTURE OFFICER
                   RSK SAVALAGI JAMAKHANDI, DIST. BAGALKOTE,
                   R/BY ADDL SPP HIGH COURT OF KARNATAKA,
MANJANNA
E                  DHARWAD BENCH-580011.
                                                                         ... RESPONDENT
Digitally signed
by MANJANNA E      (BY SRI. P.N. HATTI, HCGP)
Date: 2024.02.15
11:47:52 +0530

                          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.2535/2021   DATED        05.07.2021,   FOR   THE   OFFENCES
                   PUNISHABLE FOR VIOLATION OF CLAUSE 19 OF THE FERTILIZERS
                   (CONTROL) ORDER 1985 AND U/S 3 AND 7(2) OF ESSENTIAL
                   COMMODITIES ACT 1955, PENDING BEFORE THE PRL. CIVIL JUDGE
                   AND     JMFC    COURT,       AT      JAMAKHANDI,      AGAINST    THE
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                                        NC: 2024:KHC-D:3073
                                        CRL.P No. 100403 of 2024




PETITIONERS/ACCUSED NO.1 AND 2, 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.

NC: 2024:KHC-D:3073

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

proceedings initiated against the petitioners would be an

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

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