Vijaya Rudrappa Mali vs The State Of Karnataka
2024 Latest Caselaw 4235 Kant

Karnataka High Court

Vijaya Rudrappa Mali vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                -1-
                                                       NC: 2024:KHC-D:3071
                                                       CRL.P No. 100399 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. 100399 OF 2024
                   BETWEEN:
                   1.   VIJAYA RUDRAPPA MALI,
                        AGE. 40 YEARS, OCC. PROPRIETOR,
                        SHRI MURUGHENDRA AGRO AGENCIES,
                        BIJAPUR ROAD, ATHANI, DIST. BELGAUM-591304.

                   2.   YEKULA V S SESHGIRI RAO S/O SH. YEKULA RATNAKAR
                        RAO, AGE. 34 YEARS, OCC. SENIOR MANAGER QC AND
                        LIASION M/S. SMARTCHEM TECHONOLOGIES LTD.,
                        PLOT NO.706, MODI HOSPITAL ROAD,
                        MAHALAXMIPURAM, BANGALORE.
                                                                  ... PETITIONERS
                   (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)

                   AND:

                   THE STATE OF KARNATAKA,
                   DEPARTMENT OF AGRICULTURE FERTILIZER INSPECTOR
                   CUM ASSISTANT DIRECTOR OF AGRICULTURE ATHANI,
                   R/BY ADDL SPP HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH-580011.
MANJANNA
E                                                              ... RESPONDENT
                   (BY SRI. P.N. HATTI, HCGP)
Digitally signed
by MANJANNA
E
Date: 2024.02.15          THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
11:47:41 +0530

                   SEEKING TO EXERCISE INHERENT POWERS U/SEC. 482 OF CR.P.C.
                   EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN
                   C.C.NO.3239/2021   DATED     30.07.2021,    FOR   THE   OFFENCE
                   U/CLAUSE 19 OF FERTILIZER (CONTROL) ORDER 1985 AND R/W 3
                   AND 7 (2) OF ESSENTIAL COMMODITIES ACT 1955, PENDING
                   BEFORE THE I ADDL. CIVIL JUDGE AND JMFC COURT AT ATHANI,
                   DIST. BELAGAVI, AGAINST THE PETITIONERS/ACCUSED NO.1 AND
                   2, IN THE INTEREST OF JUSTICE AND EQUITY.
                                -2-
                                        NC: 2024:KHC-D:3071
                                        CRL.P No. 100399 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:3071

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

VB CT:BCK