- 1 - NC: 2025:KHC-K:2221 CRL.P No. 200581 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 200581 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: LINGARAJ S/O SAIBANNAPPA BUKKE, AGE:60 YEARS, R/O. NAYAKWADI GALLI, TQ.ALAND, DIST.KALABURAGI. …PETITIONER (BY SRI CHAITANYAKUMAR CHANDRIKI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, ALAND PS, THROUGH REPRESENTED BY, ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI–585 102. 2. FOOD INSPECTOR TAHASIL OFFICE ALAND, DIST.KALABURAGI-585 102. …RESPONDENTS (BY SRI GOPALKRISHNA B.YADAV, HCGP) THIS CRL.P IS FILED U/SEC 528 OF BNSS,2023 PRAYING TO, QUASH THE FIR, COMPLAINT AND CHARGE SHEET IN CRIME NO.153/2024 REGISTERED BY THE 1ST RESPONDENT ALAND PS FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 3 Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2221 CRL.P No. 200581 of 2025 AND 7 OF EC ACT, PENDING ON THE FILE OF CIVIL JUDGE AND JFMC COURT AT ALAND IN C.C.NO.116/2025. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) Though the matter is listed for admission, with the consent of learned counsel for the parties, the same is taken up for final disposal. 2. This petition is filed by the petitioner/accused No.1 seeking to quash the charge sheet in C.C.No.116/2025 pending on the file of the Civil Judge and JMFC at Aland, registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 3. Factual matrix of the case: The case of the prosecution is that, complainant had received a credible information that PDS rice was stored in - 3 - NC: 2025:KHC-K:2221 CRL.P No. 200581 of 2025 the tin shed situated behind A.V.Patil Degree College, he informed the said facts orally to the respondent – police and also secured panchas and his staff, went to the spot and found that a Tum-Tum vehicle was parked in front of the said tin-shed loaded with rice bags. The respondent – police verified the said Tum-Tum vehicle and seized the rice by drawing the panchanama and thereafter, the complainant lodged a complaint before the respondent – police to take suitable action against Roze Traders and Commission Agents and others. The respondent – police after conducting the search and seizure, registered FIR in Crime No.153/2024 and after conducting the investigation, submitted the charge sheet. 4. Heard Sri.Chaitanyakumar Chandriki, learned counsel for the petitioner and Sri.Gopalkrishna B.Yadav, learned High Court Government Pleader for the respondents. - 4 - NC: 2025:KHC-K:2221 CRL.P No. 200581 of 2025 5. It is the submission of the learned counsel for the petitioner that though the petitioner is arrayed as accused No.1, the registration of FIR after conducting the search and seizure is illegal and such procedure would vitiate the proceedings for the reason that it is contrary to the settled principle of law. Hence, he prays to quash the proceedings. 6. Per contra, learned High Court Government Pleader would submit that the procedure adopted by the respondent – police may be an irregularity, however, that would not vitiate the entire proceedings. Therefore, the prayer of the petitioner has to be rejected. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it is an admitted fact that the offences made out in the charge sheet are cognizable offences. When the complainant receives such information that a cognizable offence had taken place, it is the fundamental duty that he should inform the nearest police. The nearest police - 5 - NC: 2025:KHC-K:2221 CRL.P No. 200581 of 2025 station after having received the information regarding commission of cognizable offences, has to register FIR and then they have to proceed to the spot. 8. In the present case, the complainant even though had informed the respondent – police that PDS rice was stored in the tin-shed, without registering the FIR, the respondent – police have proceeded to the spot and conducted the part of the investigation and filed FIR on the following day, which is against the principles laid down by the Hon'ble Supreme Court in the case of Lalita Kumari vs. State of U.P. and others reported in (2014)2 SCC 1. Therefore, proceeding with the case with these backgrounds would not serve the purpose. Hence, the proceedings have to be quashed. 9. In addition to the above observations, it is also necessary to mention here that the respondent – police have not collected any documents to show that the petitioner had stored the said PDS rice and also milk powder at the tin-shed as stated in the complaint. In the - 6 - NC: 2025:KHC-K:2221 CRL.P No. 200581 of 2025 absence of relevant documents to show that the tin-shed belongs to the petitioner, it would not be appropriate to proceed with the case against the petitioner. 10. It is further noticed here that the Tahsildar had obtained the certificate in respect of the property where the tin-shed is situated. The Tahsildar, Aland had issued a certificate that Survey No.143, P2/6 measuring 28 guntas belongs to Sri Mallinath S/o. Ambanna Reddy. However, the said Mallinath has not been cited as a prosecution witness. With all these infirmities in the investigation, proceeding with the case by asking the petitioner to face the trial, in my considered view which appears to be not only erroneous and it would be an abuse of process of law. 11. In the light of the observations made above, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. - 7 - NC: 2025:KHC-K:2221 CRL.P No. 200581 of 2025 ii. The entire proceedings in C.C.No.116/2025 (arising out of Crime No.153/2024 registered by Aland Police Station), pending on the file of the Civil Judge and JMFC Court, Aland, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, as against the petitioner is quashed. In view of disposal of the main petition, I.A.No.1/2025 does not survive for consideration. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 34 CT:PK