Shri Mahesh Nayak vs The State Of Karnataka
2024 Latest Caselaw 5125 Kant

Karnataka High Court

Shri Mahesh Nayak vs The State Of Karnataka on 20 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                    -1-
                                                           NC: 2024:KHC-D:4078
                                                           CRL.P No. 100611 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.100611 OF 2024

                      BETWEEN:

                      SHRI. MAHESH NAYAK
                      OWNER /CHIEF MANAGER,
                      ZUARI AGRO CHEMICALS LTD.,
                      JAIKISAN BHAVAN,
                      ZUARI NAGAR, GOA-403726.
                                                                       ...PETITIONER
                      (BY SRI.M.J.PEERJADE, ADVOCATE)

                      AND:

                      THE STATE OF KARNATAKA
                      R/BY: PRAKASH TARIWAL,
                      FERTILIZER INSPECTOR
                      AND AGRICULTURE OFFICER,
                      RAITH SAMPARK KENDRA,
         Digitally
                      HANAMASAGAR, R/BY S.P.P.,
         signed by
         MANJANNA     HIGH COURT OF KARNATAKA,
MANJANNA E
E        Date:
         2024.02.22
                      BENCH: DHARWAD.
         14:22:01
         +0530                                                        ...RESPONDENT
                      (BY SRI.P.N.HATTI, HCGP)

                            THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC.
                      SEEKING TO THE COMPLAINT AND ENTIRE PROCEEDINGS IN
                      CRIMINAL CASE NO.1448/2022 PENDING ON THE FILE OF PRL.CIVIL
                      JUDGE AND JMFC COURT, KUSHTAGI OF THE OFFENCES U/S 3 AND 7
                      OF THE ESSENTIAL COMMODITIES ACT 1956 AGAINST THE
                      PETITIONER/ACCUSED NO.2 BE KINDLY QUASHED.

                            THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
                      DAY, THE COURT MADE THE FOLLOWING:
                                    -2-
                                            NC: 2024:KHC-D:4078
                                            CRL.P No. 100611 of 2024




                                 ORDER

1. This petition is filed challenging the filing of

private complaint under Section 200 of Cr.P.C., against the

petitioner for the offence punishable under Section 19(a)

of the Seeds Act, 1966 and Section 3 and 7 of the

Essential Commodities Act of 1955.

2. The complaint has been lodged only against the

retailer and the owner of the company.

3. The requirement of the law is that, the

company would have to be arrayed as an accused and not

the owner.

4. Since the company is not arrayed as an

accused, the proceedings would stand vitiated, in the light

of the judgment rendered by a coordinate Bench of this

Court in Crl.P.No.103782/2022 disposed of on 28.11.2022.

Consequently, the proceedings are quashed.

The criminal petition is allowed.

Sd/-

JUDGE EM/CT:BCK