Manager Taluka Agriculture Huttuvali ... vs The State Of Karnataka
2024 Latest Caselaw 4264 Kant

Karnataka High Court

Manager Taluka Agriculture Huttuvali ... vs The State Of Karnataka on 12 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                     -1-
                                                            NC: 2024:KHC-D:3058
                                                            CRL.P No. 100394 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. 100394 OF 2024
                      BETWEEN:
                      1.   MANAGER TALUKA AGRICULTURE HUTTUVALI MARATA
                           SAHAKARI SANGHA NIYAMITA KOPPAL-583231,
                           R/BY PANDURANGA S/O SAMBANNA BONDADE,
                           AGE. 40 YEARS, OCC, MANAGAER TALUKA
                           AGRICULTURE HUTTUVALI MARATA SAHAKARI
                           SANGHA NIYAMITA KOPPAL-583231.

                      2.   COMPLIANCE OFFICER,
                           GREEN STAR FERTILIZERS LIMITED,
                           MUTHAIHPURAM POST, SPIC NAGAR,
                           TUTICORIN, STATE.TAMIL NADU-628005,
                           R/BY T BALACHANDRAN S/O THAVAMANI,
                           AGE. 38 YEARS, OCC. COMPLIANCE OFFICER,
                           GREEN STAR FERTILIZERS LIMITED.
                                                                        ... PETITIONERS
                      (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA,
         Digitally
                      DEPARTMENT OF AGRICULTURE
         signed by
         MANJANNA
MANJANNA E
                      ASSISTANT AGRICULTURE DIRECTOR KOPPAL
E        Date:
         2024.02.12
         16:09:18
                      FERTILIZER INSPECTOR AND ASSISTANT AGRICULTURE
         +0530
                      DIRECTOR KOPPAL, 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.3331/2022
                      DATED 13.10.2022, FOR THE OFFENCES PUNISHABLE U/S 7-1 (a) (ii) OF
                      ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE
                      ADDL.CIVIL JUDGE AND JMFC COURT, AT KOPPAL, AGAINST THE
                      PETITIONERS/ACCUSED NO.1 AND 2, IN THE INTEREST OF JUSTICE
                      AND EQUITY.
                                -2-
                                        NC: 2024:KHC-D:3058
                                        CRL.P No. 100394 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:3058

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

VB CT:BCK