Karnataka High Court
Allabhaksha M Makandar vs The State Of Karnataka on 9 January, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:434
CRL.P No. 103663 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 9TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 103663 OF 2023
BETWEEN:
1. ALLABHAKSHA M. MAKANDAR,
PROP. SHABAJ AGRO KENDRA VPC NO.2412 AM KOTI
COMPLEX, RAICHUR-BELAGAVI ROAD, SHIRUR,
TQ .DIST. BAGALKOT-587101.
2. SRI. NEEHALSING KALAGHATKI,
AGE. 45 YEARS, OCC. CHEMIST (QUALITY CONTROL)
OF M /S. SANYUKTA AGRITECH PVT. LTD. NO.33
KIADB, INDUSTRIAL AREA, RAYAPUR,
DHARWAD-580001.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE FOR
SRI. V.M. SHEELVANT, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
MANJANNA
FERTILIZER INSPECTOR OF CUM ASSISTANT DIRECTOR
E
OF AGRICULTURE ENFORCEMENT-1 BAGALKOTE,
Digitally signed
by MANJANNA E O/O. JOINT DIRECTOR OF AGRICULTURE, BAGALKOTE,
Date: 2024.01.11
10:45:53 +0530 DIST. BAGALKOTE, R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001.
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.1 AND 2 IN C.C.NO.5202/2021
(P.C.NO.1 AND 2 IN C.C.NO.5202/2021 (P.C.NO.245/2021)
REGISTERED FOR OFFENCE P/U/SEC. CLAUSE 19 SUB-CLAUSE (b)
OF FERTILIZER (CONTROL) ORDER 1985 AND R/W SEC.3 AND 7 OF
E.C. ACT IS TAKEN AGAINST ACCUSED NO.1 AND 2 PENDING ON
THE FILE OF PRL. CIVIL JUDGE AND JMFC, BAGALKOT IN THE
INTEREST OF JUSTICE.
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NC: 2024:KHC-D:434
CRL.P No. 103663 of 2023
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. This petition is filed by the petitioners to quash
the criminal proceedings initiated against the petitioners,
who are arraigned as accused Nos.1 and 2 in
CC.No.5202/2021 on the file of the Prl. Civil Judge and
JMFC, Bagalkot.
2. The complaint against the petitioners is that the
first petitioner being a dealer, who was dealing with non-
standard fertilizers in question, and the second petitioner,
who was a chemist, working in Sanyukta Agritech Private
Limited, were guilty of manufacturing non-standard
fertilizers.
3. It is the contention of the learned counsel for
the petitioners that the entire proceedings are vitiated
since the Company which is stated to have manufactured
the non-standard fertilizers has not been made as a party
and reliance is placed on the judgment rendered by the
NC: 2024:KHC-D:434
Co-ordinate Bench of this court in Criminal Petition No.
100487/2023, decided on 5th June 2023.
4. It is not in dispute that the proceedings have
been initiated only against the dealer and the chemist, and
the Company which has manufactured the fertilizers has
not been arrayed as an accused or party.
5. In the light of the above referred judgment
passed in Criminal Petition No. 100487/2023 and also non-
compliance of Section 10 the Essential Commodities Act
and Control Order, 1985, the proceedings initiated against
the petitioners would be an abuse of process of law and
hence, the proceedings initiated against the petitioners
shall stand quashed.
Sd/-
JUDGE
VB
CT:BCK
