Hanamanth R Nayamagoud vs The State Of Karnataka
2024 Latest Caselaw 4239 Kant

Karnataka High Court

Hanamanth R Nayamagoud 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:3076
                                                            CRL.P No. 100409 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. 100409 OF 2024
                      BETWEEN:
                      1.   HANAMANTH R. NYAMAGOUD,
                           AGE. 34 YEARS, OCC. CHIEF EXECUTIVE,
                           PRATHAMIKA KRUSHI PATTINA SAHAKAR SANGH LTD.
                           ALAGUR, TQ. JAMKHANDI, DIST. BAGALKOTE-587103.

                      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.

                      3.   SHRI P.K.P.S. (PRATHAMIKA KRISHI PATTIN SHAHAKAI
                           SANGH ALAGUR, R/BY ITS ACCOUNTANT,
                           MAHAVEER ADDALLI S/O RAMAPPA,
                           AGE. 41 YERS, OCC. ACCOUNTANT.
                                                                        ... PETITIONERS
                      (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
         Digitally
         signed by
         MANJANNA
MANJANNA E
                      DEPARTMENT OF AGRICULTURE,
E        Date:
         2024.02.14
         12:14:50
         +0530
                      FERTILIZER INSPECTOR CUM AGRICULTURE OFFICER,
                      RAITA SAMPARKA KENDRA JAMAKHANDI,
                      R/BY ADDL SPP HIGH COURT OF KARNATAKA,
                      DHARWAD 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.2531/2021
                      DATED 05.07.2021, FOR THE OFFENCES PUNISHABLE UNDER CLAUSE
                      19 OF FERTILIZER (CONTROL) ORDER 1985, AND R/W 3 AND 7(2) OF
                      ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE PRL. CIVIL
                      JUDGE   AND    JMFC COURT,     AT    JAMKHANDI,   AGAINST THE
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                                       NC: 2024:KHC-D:3076
                                       CRL.P No. 100409 of 2024




PETITIONERS/ACCUSED NO.1 TO 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:3076

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

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