Ramakrishna Reddy S/O Potireddy ... vs State Of Karnataka
2024 Latest Caselaw 4980 Kant

Karnataka High Court

Ramakrishna Reddy S/O Potireddy ... vs State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                               -1-
                                                      NC: 2024:KHC-D:3926
                                                      CRL.P No. 103728 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. 103728 OF 2023


                   BETWEEN:
                   1.    RAMAKRISHNA REDDY
                         S/O. POTIREDDY RAMIREDDY,
                         AGE: 43 YEARS, OCC:
                         R/O. AMAGAMPALLI VILLAGE,
                         RANEBENNUR, DIST: HAVERI-581115.

                   2.    P.NARASIMHAREDDY @ NARASIMHALU
                         AGE: 47 YEARS, OCC: PRIVATE WORK,
                         R/O: MALLEPALLI VILLAGE,
                         BRAHMAGARMATH, MANDAL,
                         TQ: BADVEL, DIST: KADAPA,
                         STATE: ANDRA PRADESH.

                   3.    AYYAPPA VENKAT SURESHBABU
                         SUBHASHACHANDRA BHOS,
                         AGE: 43 YEARS, OCC: PRIVATE WORK,
                         R/O: AMANGAPALLI VILLAGE,
                         DIST: KADAPA, STATE: ANDRA PRADESH,
MANJANNA
E                        AT PRESENT: BRAHMAGARMATH VILLAGE,
Digitally signed
                         VIRAT RESIDENTIAL STREET,
by MANJANNA E
Date: 2024.02.23
16:17:47 +0530
                         DIST: KADAPA, STATE: ANDRA PRADESH.
                                                            ...PETITIONERS
                   (BY SRI.ABHINANDAN M.GUNDAWADE, ADVOCATE)


                   AND:
                   1.    STATE OF KARNATAKA
                         BY STATE PUBLIC PROSECUTOR,
                         BYADAGI P.S. HAVERI,
                         HIGH COURT OF KARNATAKA,
                         DHARWAD BENCH, AT: DHARWAD.

                   2.    HITENDRA BASAVANNEPPA
                         GOUDAPPALAVAR,
                                 -2-
                                      NC: 2024:KHC-D:3926
                                      CRL.P No. 103728 of 2023




       AGE: 46 YEARS, OCC: ASSISTATANT
       DIRECTOR OF AGRICULTURE,
       BYADAGI, BYADAGI,
       DIST: HAVERI-581106.
                                                ...RESPONDENTS
(BY SRI.P.N.HATTI, HCGP)


      THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE PROCEEDING AGAINST THE
PETITIONERS/ACCUSED 9, 30, AND 31, IN C.C.NO.17/2022
(CR.NO.44/2020 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/S 2(A)(1),2(a) OF
E.C. ACT 2006, U/SEC. 6(A)(B), 7, 19 OF SEEDS ACT R/W SEEDS
CONTROL ORDER 1983.

     THIS CRIMINAL 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 24.04.2020 and the charge sheet was filed

on 25.10.2021 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

NC: 2024:KHC-D:3926

reliance on the judgment of this Court in the case of

Mohan H. Handral Vs. State of Karnataka and

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