Karnataka High Court
Ayyappa Venkat Sureshbabu ... vs State Of Karnataka on 19 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
-1-
NC: 2024:KHC-D:3925
CRL.P No. 103727 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. 103727 OF 2023
BETWEEN:
1. AYYAPPA VENKAT SURESHBABU
SUBHASHACHANDRA BHOS,
AGE. 43 YEARS, OCC. PRIVATE WORK,
R/O. AMANGAPALLI VILLAGE,
DIST. KADAPA, STATE. ANDRA PRADESH,
AT PRESENT. BRAHMAGARMATH VILLAGE,
VIRAT RESIDENTIAL STREET, DIST. KADAPA,
STATE. ANDRA PRADESH-516001.
2. P. NARASIMHAREDDY @ NARASIMHALU,
AGE. 47 YEARS, OCC. PRIVATE WORK,
R/O. MALLEPALLI VILLAGE, RAHMAGARMATH,
MANDAL, TQ. BADVEL, DIST. KADAPA,
STATE. ANDRA PRADESH-516008.
... PETITIONERS
(BY SRI. ABHINANDAN M. GUNDAWADE, ADVOCATE)
MANJANNA
E AND:
Digitally signed
by MANJANNA E
Date: 2024.02.23
16:17:41 +0530
1. STATE OF KARNATAKA,
BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH AT DHARWAD.
2. PRANESH FAKKIRAPPA HADIMANI,
AGE. 30 YEARS, OCC. ASSISTANT DIRECTOR OF
AGRICULTURE JOINT DIRECTOR OF AGRICULTURE,
HAVERI-581106.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP)
-2-
NC: 2024:KHC-D:3925
CRL.P No. 103727 of 2023
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF
CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDING
AGAINST THE PETITIONER/ ACCUSED 10 AND 11 IN
C.C.NO.925/2021, (CR.NO.46/2020 BYADAGI P.S.) ON THE
FILE OF CIVIL JUDGE AND JMFC COURT BYADGI, FOR THE
ALLEGED OFFENCES U/SEC. 109, 120(B), 336, 420, 511 R/W
34 OF IPC AND U/SEC.3 AND 7 OF ESSENTIAL COMMODITIES
ACT 1955, U/SEC. 2(A)(1) 2(a) OF ESSENTIAL COMMODITIES
ACT, 2006, U/SEC. 6(A)(B), 7, 19 OF SEEDS ACT R/W SEEDS
(CONTROL ORDER 1983.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
1. This petition is filed challenging the registration
of a criminal case for the offence under Sections 3 & 7 of
the E.C. Act and Sections 7 & 19 of the Seeds (Control)
Order.
2. The petitioners contend that the complaint was
registered on 25.04.2020 and the charge sheet was filed
on 18.04.2021 and the petitioners were not furnished with
the notice in writing for collecting the samples as held by
this Court in Crl.P. No.101171/2022. He therefore
contends that the proceedings are vitiated. He also places
reliance on the judgment of this Court in the case of
Mohan H. Handral Vs. State of Karnataka and
NC: 2024:KHC-D:3925
another1 in which it is held that filing of the complaint
belatedly deprive the rights of the accused sent the
sample for analysis and therefore the proceedings are
vitiated.
3. In this case also the petitioners have not been
given a notice in writing by the said Inspector for
collecting the sample and the charge sheet has also been
filed belatedly, thereby depriving the petitioners on the
right to seek for analysis.
4. In that view of the matter, the proceedings are
vitiated and they are accordingly quashed the petition is
therefore allowed.
Sd/-
JUDGE
EM & Vnp/CT:BCK
2019(2) Kar.L.J. 583
