Karnataka High Court
Sri Mahadeva S/O. Gangaram Hiremath vs The State Of Karnataka on 31 October, 2025
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2025:KHC-D:14806
CRL.P No. 103345 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 31ST DAY OF OCTOBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 103345 OF 2025
(482(CR.PC)/528(BNSS))
BETWEEN:
SRI MAHADEVA S/O. GANGARAM HIREMATH,
AGE. 43 YEARS OCC. AGRICULTURE,
R/O. BAVANASOUDATTI,
TQ. RAIBAG DIST. BELAGAVI.
...PETITIONER
(BY SRI. SACHCHIDANAND BABAJI PATIL P., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH I.O. KAGWAD POLICE STATION,
REPRESENTED BY ITS STATE PUBLIC PROSECUTORE,
HIGH COURT OF DHARWAD.
2. SRI. SUNIL SADASHIV KATTI,
Digitally signed AGE 32 YEARS, OCC. FOOD INSPECTOR
by RAKESH S FOOD DEPARTMENT,
HARIHAR
R/O. KANAK NAGAR, ATHANI,
Location: High
Court of TQ. ATHANI DIST. BELAGAVI.
Karnataka, ...RESPONDENTS
Dharwad Bench,
Dharwad (BY SRI. T. HANUMAREDDY, AGA)
THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. READ
WITH SEC.528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C. NO.219 OF 2023 INSOFAR AS IT RELATES TO
PETITIONER / ACCUSED NO.1 FOR ALLEGED OFFENCES PUNISHABLE
UNDER SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT
PENDING BEFORE THE CIVIL JUDGE AND JMFC., KAGWAD.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 103345 of 2025
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)
The petitioner is before this Court calling in question the
proceedings in C.C. No.219/2023 on the file of learned Civil
Judge and JMFC, Kagwad registered for the offences punishable
under Sections 3 and 7 of the Essential Commodities Act, 1955.
2. Learned counsel for the petitioner submits that the
issue in the lis stands covered by the judgment rendered by the
Co-ordinate Bench of this Court in the case of T.Tippeswamy
S/o. Sanna Tippaiah Vs. the State of Karnataka in Crl.P.
No.5130/2023, disposed off on 29.08.2023, wherein the identical
issues have been raised and have been answered in favour of the
petitioners therein. The Co-ordinate Bench of this Court has held
as follows:
"1. The petitioners are before this Court seeking for the
following reliefs:
"WHEREFORE, the petitioners in the above case
most humbly pray this Hon'ble court to be please to
quash the FIR in Cr.No.172/2016 of Rampura Piolice
Station, Molakamuru circle, Chitradurga district for
offences punishable u/s 3 and 7 of the Essential
Commodities Act, 1955 and further be pleased to quash
the entire proceedings pending in CC.No.489/2017 on
the file of Civil Judge & JMFC Molakalmuru, Chirtradurga
District for offences punishable u/s 3 and 7 of the
Essential Commodities Act, 1955 as against them, in the
interest of justice."
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2. On 26.12.2016, the complainant (Food Shirastedar,
Molakalmuru Taluk) had received credible
information that Eicher lorry bearing No.KA-16-B-
4335 was proceeding to Challakere from Bellary
transporting rice meant for Public Distribution
without any valid licence.
3. The said Food Shirastedar who is the defacto
complainant went to the Rampura Police Station
and informed the concerned PSI about the credible
information and lodged the written complaint.
4. At about 3.00 pm., when the said vehicle arrived in
front of Rampura Police Station from Bellary side,
the vehicle was stopped by the police alleging that
the contents of the goods in the vehicle were rice
worth about Rs.45,000/- in 45 gunny bags and
another set of rice in 170 plastic bags worth about
Rs.1,36,000/- allegedly on the ground that same
was meant for Public Distribution System.
5. A complaint in Crime No.172/2016 came to be
registered for the offences punishable under
Sections 3 and 7 of Essential Commodities Act,
1955, the mahazar was conducted and upon
investigation, a charge sheet has been filed on
08.05.2017, which is under challenge in these
proceedings.
6. On an earlier occasion, the petitioners had
approached this Court in Crl.P.No.2048/2018, which
came to be disposed of on 26.09.2022 in terms of
the order passed in Crl.P.No.9689/2016.
7. The contention of the learned counsel for the
petitioners is that paragraph No.14 of the said
order in Crl.P.No.9689/2016 has not been complied
with and as such, the charge sheet is required to be
quashed.
8. Learned Addl. SPP, however, submit that in an
earlier Crl.P.No.2048/2018, the petitioners had
failed to bring to the knowledge of this Court that
the charge sheet has already been laid on
08.05.2017 and hence, the question of following
the direction in paragraph No.14 of the order in
Crl.P.No.9689/2016 would not arise simply for the
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reason that the charge sheet had already been laid
before the said order has been passed and
thereafter, the seized material already having been
auctioned, the respondent - Police could not send
the same for verification to the Forensic Science
Laboratory as required under the order in
Crl.P.No.9689/2016. On this ground, he submit that
the direction issued in paragraph No.14 being
subsequent to the charge sheet having been laid
and disposal of the seized articles could not be
complied with and the same cannot come to the
rescue of the petitioners now and the petitioners
have to stand trial.
9. Heard Sri B.K.Chandan, learned Counsel appearing
for the petitioners and Sri B.N.Jagadeesha, learned
Addl. SPP appearing for the respondents and
perused the papers.
10. The offense which has been alleged against the
petitioners is for transporting rice allegedly meant
for the Public Distribution System without valid
license. For that particular purpose, it is required to
prima facie establish that indeed the rice was
belonging to the Public Distribution System and that
the petitioners had no right over the same. It is but
required that in respect of these prima facie
evidence, the invoices and payment receipts, if any,
produced by the petitioners/transporters would
have to be verified by the Investigating Officer
before filing a charge sheet.
11. In the present case, perusal of the charge sheet
indicates that no such effort has been made and
the invoices which are produced along with the
present petition, which have been placed before the
Investigating Officer have not been considered.
12. That apart, whether the rice belonged to the Public
Distribution System or not could only be
ascertained by necessary examination by the
Forensic Science Laboratory and a report being
submitted thereto. The Investigating Officer has not
caused such an examination and has gone ahead
with the sale of rice on the premise that the same
is perishable goods which require immediate sale.
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Even if the goods are perishable, it is required for
the Investigating Officer to send the said rice for
necessary examination to the Forensic Science
Laboratory and a report is to be obtained from the
said authority.
13. In the present case, neither of the above have been
done. Hence, I am of the considered opinion that
there is no legs for the prosecution to stand on and
prosecute the petitioners and prima facie there is
nothing made out to establish the offense being
committed by the petitioners. As such, there would
be no purpose in prosecuting the petitioners on
such frivolous grounds without any basis.
14. In view thereof, I pass the following
ORDER
i. The criminal petition is allowed.
ii. The FIR in Crime No.172/2016
registered with the Rampura Police
Station, Molkarmuru Circle,
Chitradurga District, for offenses
punishable under Sections 3 and 7 of
the Essential Commodities Act, 1955
as also the further proceedings in
CC.No.489/2017 pending on the file of
Civil Judge & JMFC, Molakalmuru
Taluk, Chitradurga District, are hereby
quashed. iii. All pending I.As. do not
survive for consideration and the
same are dismissed."
3. Learned AGA would not dispute the position of law as
is observed in the case referred supra.
4. In view of the issue in the lis standing answered by
the judgment as aforequoted on all its fours, the subject petition
also deserves to succeed.
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5. For the aforesaid reasons, the following:
ORDER
(i) The petition is allowed.
(ii) The proceedings in C.C. No.219/2023 on the file
of learned Civil Judge and JMFC, Kagwad
registered for the offences punishable under
Sections 3 and 7 of the Essential Commodities
Act, 1955 qua the petitioner, stand quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
RSH / CT: ASC
