[Cites 4, Cited by 0]
Karnataka High Court
Machendra vs The State Of Karnataka on 24 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2026:KHC-K:2605
CRL.P No. 200924 of 2025
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 24TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200924 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
MACHENDRA S/O DHULAPPA JAMADAR,
AGED ABOUT 43 YEARS,
OCC: AGRICULTURE AND BUSINESS
R/O KASHAMPUR (C) VILLAGE,
TQ AND DIST. BIDAR-585226.
...PETITIONER
(BY SRI. RAVI B PATIL.,ADVOCATE)
AND:
Digitally signed by
NIJAMUDDIN
JAMKHANDI 1. THE STATE OF KARNATAKA,
Location: HIGH THROUGH CHITAGUPPA PS
COURT OF
KARNATAKA REP BY ITS ADDL. STATE PUBLIC PROSECUTOR
ADVOCATE GENERALS OFFICE
HIGH COURT BUILDING, KALABURAGI-585103.
2. FOOD INSPECTOR
HUMNABAD. TQ. HUMNABAD, DIST. BIDAR
...RESPONDENTS
(BY SRI. MALLIKARJUN SAHUKAR, AGA)
THIS CRIMINAL PETITION IS FILED U/S 528 OF BNSS
(NEW), U/S.482 OF CR.P.C.(OLD), PRAYING TO, 1) ALLOW THE
PRESENT PETITION AND QUASH THE FIR AND CHARGE SHEET
IN CRIME NO. 52/2023 DATED 16-04-2023 AND ALSO ORDER
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NC: 2026:KHC-K:2605
CRL.P No. 200924 of 2025
HC-KAR
OF TAKING COGNIZANCE DATED 27-07-2024 CULMINATING IN
CC NO. 3388/2024 FOR OFFENCES U/S 3 AND 7 OF EC ACT,
1955 AND SEC. 18 OF PDS CONTROLLING ORDER 1992 BEING
REGISTERED BY THE RESPONDENT NO.1 JURISDICTIONAL
POLICE, PENDING ON THE FILE OF THE COURT OF ADDL. CIVIL
JUDGE AND JMFC AT HUMNABAD, DIST BIDAR, AS ILLEGAL
AND WITHOUT ANY AUTHORITY, 2) GRANT SUCH OTHER
ORDER/S AS THIS HONOURABLE COURT MIGHT DEEM FIT IN
THE CIRCUMSTANCES OF THE CASE,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Heard learned counsel for the petitioner and learned
Additional Government Advocate, who is directed to take
notice on behalf of respondent Nos.1 and 2.
2. Accused No.1 is before this Court, in this
petition filed under Section 528 of BNSS 2023 r/w Section
482 of Cr.P.C., with a prayer to quash the entire
proceedings in CC No.3388/2024 pending before the Court
of Additional Civil Judge and JMFC Court, at Humnabad,
arising out of Crime No.52/2023 registered by Chitaguppa
Police Station, Dist. Bidar for offences punishable under
NC: 2026:KHC-K:2605
HC-KAR
Sections 3 and 7 of the Essential Commodities Act, 1955
and Rule Section 18 of PDS Controlling Order, 1992.
3. Learned counsel for the petitioner submits that
the impugned criminal proceedings has been already
quashed by this Court as against accused Nos.2 to 4 in
Criminal Petition No.201525/2024 disposed off on
24.02.2025. The reasoning assigned by this Court in
Criminal petition No.201525/2024 disposed off on
24.02.2025, squarely applies to the petitioner herein also.
Accordingly, he prays to allow the petition.
4. Per contra, learned Additional Government
Advocate does not dispute the submission made by the
learned counsel for the petitioner.
5. The impugned criminal case was registered
against accused Nos.1 to 4 on the ground that the rice was
allegedly being transported in the vehicle belonging to
them without requisite documents. Accused Nos.2 to 4 had
produced all the relevant documents before this Court in
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HC-KAR
Criminal petition No.201525/2024 and learned HCGP, after
verification of the said documents, had made a submission
that the documents produced are valid and legal
documents for the purpose of transporting the rice in the
vehicle bearing registration No.GJ-10/TV-5792. It is under
these circumstances the impugned criminal proceedings
was quashed as against accused Nos.2 to 4 in the said
criminal petition.
6. The reasoning assigned in the said petition for
quashing the impugned proceedings is squarely applicable
even to the petitioner herein, as against to whom the
allegations are similar.
7. Accordingly, the following:
ORDER
i. Criminal Petition is allowed.
ii. Impugned criminal proceedings in CC
No.3388/2024 pending before the Court of
Additional Civil Judge and JMFC Court, at
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HC-KAR
Humnabad, arising out of Crime
No.52/2023 registered by Chitaguppa
Police Station, Dist. Bidar for offences
punishable under Sections 3 and 7 of the
Essential Commodities Act, 1955 and under
Section 18 of PDS Controlling Order, 1992
are quashed as against the petitioner
herein.
iii. IA No.1/2025 would not survive for
consideration, accordingly stands disposed
of.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
NJ
List No.: 1 Sl No.: 38
