Lalita W/O Mahesh Malagi vs State Of Karnataka
2024 Latest Caselaw 5007 Kant

Karnataka High Court

Lalita W/O Mahesh Malagi vs State Of Karnataka on 19 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                -1-
                                                         NC: 2024:KHC-D:3920
                                                         CRL.P No. 102576 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.102576/2023(482)

                   BETWEEN:

                   1.   LALITA
                        W/O. MAHESH MALAGI,
                        AGE: 39 YEARS, OCC: BUSINESS,
                        R/O: KAMALA NEHARU
                        HOUSING SOCIETY,
                        NEAR MODERN HIGH SCHOOL,
                        ICHALKARANJI, HATHKANAGALE,
                        KOLHAPUR, MAHARASHTRA - 416 115.

                   2.   RAJARAM
                        S/O. MARUTI MALLADE,
                        AGE: 65 YEARS, OCC: SERVICE,
                        R/O: LOKUR VILLAGE,
MANJANNA
E                       TQ: KAGAWAD,
Digitally signed
                        C/O: BANASHANKARI
by MANJANNA E
Date: 2024.02.22        AGRO PRODUCTION, LOKUR,
14:25:13 +0530
                        DIST: BELAGAVI - 591 234.

                   3.   TATYASO
                        S/O. ANNAPPA GADAGE,
                        AGE: 65 YEARS,
                        OCC: AGRICULTURE AND BUSINSESS,
                        R/O: LOKUR VILLAGE,
                        DIST: BELAGAVI - 591 234.
                                                                    ...PETITIONERS
                   (BY SRI RAVIRAJ C. PATIL, ADVOCATE)
                                    -2-
                                           NC: 2024:KHC-D:3920
                                           CRL.P No. 102576 of 2023




AND:

1.   STATE OF KARNATAKA,
     REPRESENTED BY HCGP,
     DHARWAD.
     THROUGH KAGAWAD P.S.

2.   SUNIL
     S/O. SADASHIV KATTI,
     AGE: 33 YEARS,
     OCC: FOOD INSPECTOR,
     (FOOD AND SUPPLIES DEPT.)
     TAHASHILDAR COMPOUND
     KAGAWAD
     THROUGH H.C.G.P DHARWAD.
     THROUGH HCGP DHARWAD.
                                                          ...RESPONDENTS
(BY SRI P.N.HATTI, HCGP)



       THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.,
PRAYING TO QUASH THE FIR IN KAGAWAD P.S. CR.NO. 133/2022
AND CONSEQUENTLY QUASH THE CHARGE SHEET IN C.C.NO.
659/2023 ALL FURTHER PROCEEDINGS ARISING THERE AFTER
PENDING     BEFORE   THE   CIVIL    JUDGE       ND   J.M.F.C.    KAGAWAD
BELAGAVI FOR THE OFFENCES PUNISHABLE/U/SEC. 3 AND 7 OF
ESSENTIAL    COMMODITIES     ACT,        1955   IN   SO    FAR    AS   THE
PETITIONERS A1 TO A3 ARE CONCERNED.


       THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
                               -3-
                                    NC: 2024:KHC-D:3920
                                    CRL.P No. 102576 of 2023




                          ORDER

1. The petitioners have been charged with the

offences under Sections 3 & 7 of the Essential

Commodities Act, 1955 inasmuch as they were

transporting the commodities, which were meant for

distribution under public distribution order.

2. Learned counsel for the petitioners submits that

the essential commodities have not been certified to be

utilized only for public distribution as contemplated. In

absence of Certificate of Forensic Science Laboratory,

present proceedings cannot be continued. He further

submits that, this petition is covered by the decision of the

Co-Ordinate Bench of this Court in Cr.P.No.101739/2021

and connected matters disposed of on 16.02.2022.

3. This Court in Crl.P.No.5130/2023 has held that

in the absence of Forensic Science Laboratory Certificate,

proceedings cannot be sustained. The proceedings stand

vitiated, since the said certificate is not forthcoming in the

present case and also in view of the aforesaid judgments.

NC: 2024:KHC-D:3920

4. The petition is allowed and the proceedings

initiated against the petitioners are quashed.

Sd/-

JUDGE

EM/CT:BCK