Shri Hanamanth S/O Arjun Dasaraddi vs Karnataka State Government
2024 Latest Caselaw 4978 Kant

Karnataka High Court

Shri Hanamanth S/O Arjun Dasaraddi vs Karnataka State Government on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

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                                                       NC: 2024:KHC-D:3924
                                                       CRL.P No. 103695 of 2023




                               IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH
                          DATED THIS THE 19TH DAY OF FEBRUARY, 2024
                                             BEFORE
                          THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
                             CRIMINAL PETITION NO. 103695 OF 2023
                   BETWEEN:
                   1.   SHRI. HANAMANTH S/O ARJUN DASARADDI,
                        AGE. 38 YEARS, OCC. PROP SHREE
                        HOLABASAVERSHWAR TRADING COMPANY,
                        MACHAKNUR-587313, R/O. MACHANUR VILLAGE,
                        TQ. MUDHOL, DIST. BAGALKOT.

                   2.   LAXMAN SONKAMBLE,
                        AGE. 45 YEARS, OCC. PLANT GENERAL MANAGER,
                        RAICHUR CHEMICALS & FERTILIZERS (INDIA) PVT. LTD.,
                        RAJIV GANDHI NAGAR,
                        SAHAKAR NAGAR PO.
                        BANGALORE-560092.
                                                                  ... PETITIONERS
                   (BY SRI. D.M. MALLI, ADVOCATE)

                   AND:

                   KARNATAKA STATE GOVERNMENT,
MANJANNA           R/BYTHE FERTILIZER, INSPECTOR CUM AGRICULTURE
E                  OFFICER, LOKAPUR,
Digitally signed   O/O THE ASSISTANT DIRECTOR OF
by MANJANNA E
Date: 2024.02.23
                   AGRICULTURE, MUDHOL, TQ. MUDHOL,
16:17:35 +0530     DIST. BAGALKOT-587313,
                   R/P BY SPP HIGH COURT OF KARNATAKA,
                   DHARWAD BENCH.
                                                               ... RESPONDENT
                   (BY SRI. P.N. HATTI, HCGP)

                          THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
                   SEEKING    TO   QUASH   THE   ENTIRE   PROCEEDINGS   IN   C.C.
                   NO.568/2021 PENDING BEFORE      ADDL. CIVIL JUDGE AND JMFC,
                   MUDHOL FOR THE OFFENCE P/U/SEC. 3 AND 7 OF THE EC ACT, IN
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                                        NC: 2024:KHC-D:3924
                                        CRL.P No. 103695 of 2023




SO FAR AS IT RELATES TO THE PETITIONERS HEREIN, WHO HAVE
BEEN ARRAYED AS ACCUSED NO.1 AND 2.


     THIS PETITION, COMING ON FOR ADMISSION, 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:3924

abuse of process of law and hence, the proceedings

initiated against the petitioners shall stand quashed.

Sd/-

JUDGE

vb/CT:BCK