Manjunath S/O Subhash Ambiger vs State Of Karnataka
2024 Latest Caselaw 5123 Kant

Karnataka High Court

Manjunath S/O Subhash Ambiger vs State Of Karnataka on 20 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                  -1-
                                                        NC: 2024:KHC-D:4079
                                                        CRL.P No. 100606 of 2024




                              IN THE HIGH COURT OF KARNATAKA,
                                       DHARWAD BENCH

                          DATED THIS THE 20TH DAY OF FEBRUARY, 2024

                                              BEFORE

                          THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA

                            CRIMINAL PETITION NO.100606 OF 2024

                   BETWEEN:

                   1.   MANJUNATH S/O. SUBHASH AMBIGER
                        AGE: 25 YEARS, OCC: NIL,
                        R/O: BELLERI VILLAGE, TQ: NARAGUND,
                        DIST: GADAG-582101, KARNATAKA.

                   2.   MAHANTESH S/O. HUCCHAPPA KUMBAR
                        AGE: 39 YEARS, OCC: DRIVER,
                        R/O: BELLERI VILLAGE, TQ: NARAGUND,
                        DIST: GADAG-582101, KARNATAKA.
                                                                   ...PETITIONERS
                   (BY SRI M.L.VANTI, ADVOCATE)

                   AND:

MANJANNA
                   1.   STATE OF KARNATAKA
E                       BY PSI RAMDURGA POLICE STATION,
Digitally signed
                        REPRESENTED BY STATE PUBLIC PROSECUTOR,
by MANJANNA E
Date: 2024.02.22
                        HIGH COURT OF KARNATAKA,
14:21:41 +0530          DHARWAD BENCH-580001.

                   2.   SANJEEV S/O. ALLAPPA HAMMANNAVAR
                        AGE: 37 YEARS,
                        OCC. GOVT. OFFICIAL NON GAZETTED,
                        R/O: RAMDURGA, DIST: BELAGAVI,
                        KARNATAKA, REPRESENTED BY
                        STATE PUBLIC PROSECUTOR,
                        HIGH COURT OF KARNATAKA,
                        DHARWAD BENCH-580001.
                                                                  ...RESPONDENTS
                   (BY SRI.P.N.HATTI, HCGP)
                                   -2-
                                          NC: 2024:KHC-D:4079
                                          CRL.P No. 100606 of 2024




      THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS
/ACCUSED NO.1 TO 2 IN CC NO.661/2022 PENDING ON THE FILE OF
SENIOR CIVIL JUDGE AND JMFC COURT, RAMDURGA FOR THE
OFFENCES P/U/S 7 AND SECTION 3 OF ESSENTIAL COMMODITIES
ACT, 1955 AND SEC. 18(a), 18(b), 18(c) OF KARNATAKA ESSENTIAL
COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL
ORDER 1992.

     THIS CRIMINAL PETITION COMING ON FOR ADMISSION
ALONG WITH IA 01/2024 FOR STAY, THIS DAY, THE COURT MADE
THE FOLLOWING:

                                ORDER

1. Learned High Court Government Pleader

accepts notice for respondent No.1.

2. This criminal petition is filed challenging the

registration of the FIR on the ground that the offences

alleged against the petitioners are relatable to a public

control order, which has been repealed way back in year

2016.

3. The FIR, which is produced along with the

petition, indicates that the petitioners are being charged

with a contravention of the Karnataka Essential

Commodities (PDS) Control Order, 1992. This Court, in

Crl.P.No.101559/2018, has held that the State is not

NC: 2024:KHC-D:4079

empowered to prosecute for offenses in relation to a

repealed PDS order, and therefore the proceedings would

be illegal.

4. In the light of the said judgment, it is obvious

that the present FIR, which is registered on 11.07.2022 in

respect of the contravention of the PDS order, which was

repealed in year 2016, would not be maintainable.

The proceedings are accordingly quashed.

Sd/-

JUDGE

EM/CT:BCK