Karnataka High Court
Machendra vs The State Of Karnataka on 31 July, 2024
Author: K Natarajan
Bench: K Natarajan
-1-
NC: 2024:KHC-K:5650
CRL.P No. 200124 of 2024
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE K NATARAJAN
CRIMINAL PETITION NO.200124 OF 2024 (482)
BETWEEN:
MACHENDRA
S/O DHULAPPA JAMADAR,
AGE: 44 YEARS OCC: BUSINESS,
R/O KASHAMPUR TQ. AURAD
DIST. BIDAR-585226.
...PETITIONER
(BY SRI. AMEERAHAMAJA ABDULKADAR GUNNAPURA,
ADVOCATE)
AND:
Digitally signed by 1. THE STATE OF KARNATAKA
KHAJAAMEEN L THROUGH GANDHIGUNJ POLICE STATION, BIDAR
MALAGHAN
REP. BY THE ADDL. STATE PUBLIC PROSECUTOR
Location: High
Court Of HIGH COURT OF KARNATAKA
Karnataka KALABURAGI-585102.
2. SRI. RAJENDRAKUMAR
FOOD INSPECTOR,
FOOD AND CIVIL SUPPLY DEPARTMENT.
BIDAR-585102.
...RESPONDENTS
(BY SRI. F. M. INAMDAR, HCGP FOR R1 AND R2)
-2-
NC: 2024:KHC-K:5650
CRL.P No. 200124 of 2024
THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C.,
PRAYING TO ALLOW THE PRESENT CRIMINAL PETITIONER AND
ALSO QUASH THE REGISTERED FIR IN CRIME NO. 301/2018
FILED WHICH WAS REGISTERED AT GANDHIGUNJ POLICE
STATION, BIDAR AND CHARGE SHEET FILED BEFORE THE
HON'BLE COURT AGAINST PETITIONER. FOR THE OFFENCE
PUNISHABLE U/SEC. 19 OF KARNATAKA ESSENTIAL
COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC
CONTROL ORDER 1992 AND KARNATAKA ESSENTIAL
COMMODITIES U/SEC. 3 AND 7 IN THE INTEREST OF JUSTICE
AND EQUITY. THE SAID CASE TRIALED AT PRL. C.J. AND JMFC
II BIDAR.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K NATARAJAN)
Learned HCGP takes notice for respondent No.2.
2. This petition is filed by the petitioner under
Section 482 of Cr.P.C. for quashing criminal proceedings in
Crime No.301/2018 registered by Gandhigunj Police
Station, Bidar, and charge sheeted for the offences
punishable under Sections 3 and 7 of Karnataka Essential
Commodities Act and section 19 of Karnataka Essential
Commodities (Public Distribution System) Public Control
order 1992.
NC: 2024:KHC-K:5650
3. Heard the arguments of learned counsel for the
petitioner and learned HCGP for the respondent No.1 and
learned counsel for the respondent No.2.
4. The case of the prosecution is that, on the
complaint of Rajendar Kumar, Food Inspector of Food
Office, Bidar filed complaint on 6.10.2015, alleging that
they have received credible information that in Indian
Coolar Company they were storing the rice, wheat and
other materials meant for public distribution system.
Hence, by intimating to the police and panchas, he has
visited there and found the rice, toor dal, wheat and milk
powder and a Tata Goods vehicle which was seized and
filed the complaint to the police. The police after
registering the case, arrested some of the accused and
finally filed the charge sheet, which is under challenge.
5. Learned counsel for the petitioner contended that
the petitioner is nowhere connected with the case and
there is no evidence against petitioners for involvement of
NC: 2024:KHC-K:5650
the offence in engaging distribution of PDS food grains
and accused No.1 said to be obtained the place for rent
from his owner. Therefore, absolutely there is no material
to show that this petitioner has done business with
accused No.1. Therefore, continuing the proceedings
against petitioner is nothing but abuse of process of law.
Hence, prayed for quashing the same.
6. Per contra, learned HCGP objected the petition
contending that there is huge quantity of food grains
which were seized in the Godown, where this petitioner
and other accused No.1 were doing the business by
getting food materials from some unknown persons and
were selling to the public in black market. He was the
partner in the business of accused No.1. Therefore, there
is a clear case against the petitioner for having committed
the offence under EC Act. Hence, prayed for dismissing
the petition.
7. Having heard the arguments, perused the record
and on perusal of the same, the food inspector raided
NC: 2024:KHC-K:5650
Indian Cooler Company, at that time, nobody was present
and found nothing except storage of rice, toor dal, wheat,
milk powder etc., and a Tata goods vehicle. But the police
also recorded the statement of one Sheikh Mohammed
Wazir, who is the owner of the said Godown. He has
stated, he has rented out to accused No.1/Sangamesh for
Rs.4000/- for doing electrical business. But he has stated
that, he is not aware storing the food grains in the said
roof and doing business by the accused No.1 or any other
person. There is no other material collected by the
investigation officer in order to show from whom these
food grains were purchased and kept in the Godown. Of
course, the Godown was let out to the accused No.1
Sangamesh and what is the role of this petitioner, which
is not explained by the Investigating Officer in the final
report. The accused also obtained the anticipatory bail and
there is no voluntary statement recorded to show, how he
got the food grains, whether he is having any relationship
of business with the accused No.1 and there is no
statement recorded by the Investigating Officer.
NC: 2024:KHC-K:5650
Absolutely, there is no connecting evidence with this
accused with accused No.1 to show, he was running a
business, either partnership or any other contract or
broker in purchasing the food grains, which was meant for
distribution in the PDS system. Therefore, I am of the
view, there is no connecting evidence to show he was
involved in the commission of the offence, except naming
this petitioner as accused in the FIR and the charge sheet.
Therefore, when there is no direct evidence for having
apprehended this petitioner along with the goods, the
question of conducting proceeding against the petitioner
is abuse of process of law. The co-ordinate bench also
relying upon judgment of another co-ordinate bench
quashed the criminal proceedings in Crl.P.No.200791/2023
dated 5.7.2023 in the case of Manikant Vs State of
Karnataka. Such being the case, conducting criminal
proceeding against the petitioner is abuse of process of
law, hence liable to be quashed.
Accordingly, this Criminal petition is hereby allowed.
NC: 2024:KHC-K:5650
Consequently the criminal proceedings against the
petitioner in Crime No.301/2018 registered by Gandhigunj
Police Station, Bidar, is hereby quashed.
The pending interlocutory application does not
survive.
Sd/-
(K NATARAJAN)
JUDGE
AKV
CT:SI
