Tumuti Kumar Swamy S/O T Thippanna vs The State Of Karnataka
2024 Latest Caselaw 5141 Kant

Karnataka High Court

Tumuti Kumar Swamy S/O T Thippanna vs The State Of Karnataka on 20 February, 2024

Author: N.S.Sanjay Gowda

Bench: N.S.Sanjay Gowda

                                                -1-
                                                       NC: 2024:KHC-D:4034
                                                       CRL.P No. 100575 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. 100575 OF 2024

                      BETWEEN:

                      1.   TUMUTI KUMAR SWAMY
                           S/O T. THIPPANNA,
                           AGE. 52 YEARS, OCC. BUSINESSMEN,
                           R/O. SANUR TOWN, TQ. SANDUR
                           DIST. BALLARI, PIN-583119.

                           PERMANENT: NEAR SRINIVAS TALKIES,
                           SANDUR TOWN, TQ.SANDUR,
                           DIST.BALLARI-583119.

                      2.   VENKATESH S/O THIPPE SWAMY,
                           AGE. 23 YEARS, OCC. DRIVER,
                           R/O. KATAPPANA HATTI MAIN ROAD,
                           CHALIKERE TQ., & DIST.
         Digitally
         signed by
         MANJANNA
MANJANNA E
                           CHITRADURGA, PIN-577522.
E        Date:
         2024.02.21
         13:16:53
         +0530
                           PERMANENT : KATAPPANA HATTI MAIN ROAD,
                           CHALLAKERE TOWN, SANDUR TALUK,
                           BALLARI, DIST-583119.

                      3.   PPRATHEEK @ PRATHIK
                           S/O V. PRAHALLADA SHETTY,
                           AGE. 32 YEARS, OCC. BUSINESSMAN,
                           R/O. MAHAEVI ROAD, MADAKARI,
                           NAGAR CHALLAKERE TQ.,
                           CHITRADURGA DIST. BALLARI,
                           PIN-577522.
                                                                 ... PETITIONERS
                      (BY SRI. MANOJ N. BIKKANNAVAR, ADVOCATE)
                               -2-
                                      NC: 2024:KHC-D:4034
                                      CRL.P No. 100575 of 2024




AND:

1.   THE STATE OF KARNATAKA,
     R/BY STATE PUBLIC PROSECUTOR,
     HIGH COURT OF KARNATAKA, DHARWAD,
     THROUGH SANDUR POLICE STATION,
     PIN-580011.

2.   SRI. RAGHVENDRA C.
     S/O LATE C.L. NARASIMHULU,
     AGE. 40 YEARS, OCC. GOVT. OFFICIAL,
     R/O. TALUK OFFICE, SANDUR, A.P.M.C.,
     SCHOOL NEAR, SANDUR TOWN,
     BALLARI , PIN CODE-583119,
     REP.BY SPP.
                                              ... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP)

       THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING     TO   QUASH     THE      ENTIRE   PROCEEDINGS     IN
CONNECTION WITH CC NO.710/2020 (CRIME NO.132/2019)
REGISTERED BY SANDUR POLICE STATION FOR THE OFFENCES
PUNISHABLE U/S 3, 7 OF ESSENTIAL COMMODITIES ACT AND
U/S 18 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC
DISTRIBUTION     SYSTEM)     PUBLIC    CONTROL   ORDER     2016
PENDING BEFORE THE CIVIL JUDGE AND JMFC, SANDUR WITH
RESPECT TO PETITIONERS/ACCUSED NO.1 TO 3.


       THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
                                -3-
                                     NC: 2024:KHC-D:4034
                                     CRL.P No. 100575 of 2024




                            ORDER

1. This petition is filed challenging the registration of

criminal proceedings against the petitioner for the offences

punishable under Sections 3 and 7 of Essential Commodity Act,

1955 and U/SEC. 18 of the Karnataka Essential Commodities

(Public Distribution System) Public Control Order, 2016.

2. This Court, in Criminal Petition No.5130/2023,

disposed of on 29.8.2023, has held that unless the goods in

question were examined by the Forensic Science Laboratory

and certified to be an essential commodity meant for Public

Distribution System, the proceedings would be unsustainable.

3. In this case, admittedly, there is no certification by

the Forensic Science Laboratory that the rice that was seized

was meant for Public Distribution. In that view of the matter, in

the light of the above judgment, this petition is allowed and the

proceedings stands quashed.

Sd/-

JUDGE

VB/CT:BCK