- 1 - NC: 2025:KHC-K:2220 CRL.P No. 200583 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. 200583 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. LINGARAJ S/O SAIBANNA BUKKE, AGE:60 YEARS, R/O. NAYAKWADI GALLI, TQ. ALAND, DIST.KALABURAGI. 2. MALLIKARJUN S/O LINGARAJ BUKKE, AGE:28 YEARS, OCC: NAYAKWADI GALLI, TQ.ALAND, DIST.KALABURAGI …PETITIONERS (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. ASSISTANT DIRECTOR MID-DAY MEAL, ALAND DIST.KALABURAGI …RESPONDENTS (BY SRI GOPALKRISHNA B. YADAV, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2220 CRL.P No. 200583 of 2025 THIS CRL.P IS FILED U/SEC 528 OF BNSS ACT, PRAYING TO QUASH THE FIR, COMPLAINT AND CHARGE SHEET IN CRIME NO.155/2024 REGISTERED BY THE 1ST RESPONDENT ALAND PS FOR THE OFFENCE PUNISHABLE U/SEC 3 AND 7 OF EC ACT PENDING ON THE FILE OF PRL C. J (J.D) AND JMFC AT ALAND IN C.C No.114/2025. 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 petitioners/accused Nos.1 and 2 seeking to quash the complaint, FIR and charge sheet in Crime No.155/2024 registered by Aland Police Station, pending on the file of the Principal Civil Judge (Jr. Dn.) and JMFC Court, Aland, in C.C.No.114/2025 for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. - 3 - NC: 2025:KHC-K:2220 CRL.P No. 200583 of 2025 3. Brief facts of the case are: The case of the prosecution is that the second respondent lodged complaint on 30.07.2024 stating that he had received an information stating that the milk powder was stored in the shed situated behind A.V.Patil Degree College, which was supposed to be given to the Government Schools under the Ksheera Baghay Yojana. On receiving the said information, he secured the panchas and went to the spot and found that there were 17 milk powder packets in the shed, each packet is weighing 1 kg. Thereafter, he conducted the search and seized the said milk powder packet by drawing panchanama in the presence of the panchas. After handing over the said items to the KFCSC, lodged a complaint before the respondent – police. The respondent – police registered a case in Crime No.155/2024 for the offences punishable under Sections 3 and 7 of the E.C.Act. After conducting the investigation, submitted the charge sheet. - 4 - NC: 2025:KHC-K:2220 CRL.P No. 200583 of 2025 4. Heard Sri.Chaitanyakumar Chandriki, learned counsel for the petitioners and Sri.Gopalkrishna B.Yadav, learned High Court Government Pleader for the respondents. 5. It is the submission of the learned counsel for the petitioners that even though it is alleged that the complainant had seized 17 milk powder packets from the godown allegedly belongs to the petitioners, the fact remains that no documents are produced to show that he owns the shed and he was doing day to day activities in the shed. In the absence of material to show that the petitioners were responsible for having stored the milk powder packets, it is not appropriate to proceed with the case against the petitioners. Making such submissions, he prays to allow the petition. 6. Per contra, learned High Court Government Pleader vehemently justified the registration of the case and he submitted that the milk powder was meant to be given to the children, who are studying in the Government - 5 - NC: 2025:KHC-K:2220 CRL.P No. 200583 of 2025 Schools, under the Ksheera Bhagya Yojana. The said milk powder packets are not available in the open market. Such being the case, seizure of the milk powder packets from the godown of the petitioners would indicate that the petitioners had committed an offence. Therefore, it is not appropriate to quash the proceedings. Making such submissions, he prays to dismiss the petition. 7. Having heard the learned counsel for the respective parties and also perused the averments of the charge sheet, it appears from the records that the petitioners are said to have stored 17 packets of milk powder which were supposed to be given to the students of the Government Schools. Even though the Investigating Officer has filed charge sheet, he has not collected any documents to show that the petitioners own the said godown or the Investigating Officer has not cited the owner of the property as a witness in the charge sheet. In the absence thereof, proceeding against the - 6 - NC: 2025:KHC-K:2220 CRL.P No. 200583 of 2025 petitioners would amount to an abuse of process of law. Therefore, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The entire proceedings in C.C.No.114/2025 (arising out of Crime No.155/2024 registered by Aland Police Station), pending on the file of the Principal Civil Judge and JMFC Court, Aland, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, as against the petitioners 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.: 35 CT:PK