- 1 - NC: 2025:KHC-K:2210 CRL.P No. 200575 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. 200575 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: AMARESH S/O HANUMANT, AGE:30 YEARS, OCC: DRIVER, R/O. 9TH WARD HOSUR, GURGUNTA, RAICHUR, DIST.RAICHUR. …PETITIONER (BY SRI SATHISH KUMAR D. GADKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA, BY DEVADURGA POLICE STATION, REPRESENTED BY, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585 107. 2. APPAYYA HIREMATH AGE:46 YEARS, OCC: FOOD INSPECTOR, SIRASTIDAR DEODURGA, TQ. DEODURGA, DIST. RAICHUR-584 101. …RESPONDENTS (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528 OF BNSS PRAYING TO QUASH THE COMPLAINT AND FIR REGISTERED AGAINST THE PETITIONER/ACCUSED REGISTERED IN DEVADURGA POLICE STATION CRIME NO. 293/2024, PENDING ON THE FILE OF MUNSIFF AND JMFC COURT AT DEODURGA FOR THE OFFENCES PUNISHABLE U/SEC. 3 OF AND 7 OF EC ACT-1955 AND SEC. 18 OF PDS CONTROLLING ORDER -1992. AND GRANT SUCH OTHER RELIEF’S AS DEEMED FIT IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC-K:2210 CRL.P No. 200575 of 2025 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. The petitioner/accused is before this Court seeking to quash the complaint and FIR in Cr.No.293/2024 registered by Devadurga police station pending on the file of Munsiff and JMFC Court at Devadurga for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955 and Section 18 of PDS Controlling Order, 1992. 2. It is the case of the prosecution that the complainant was working as a food Shirastedar in the office of Tahasildar at Devadurga. He was instructed to approach Devadurga police station for further information. As per the instruction, he went to the said police station and got an information that one Tata Intra Pickup vehicle, having no registration number, was coming from mini Vidhana Soudha road towards JP Circle, it was intercepted by the police officials. The vehicle was abandoned and accused ran away from the - 3 - NC: 2025:KHC-K:2210 CRL.P No. 200575 of 2025 spot. On verification, they found that the said vehicle was loaded with rice bags which belong to Government Department. The rice bags were supposed to be disbursed to the beneficiaries under the different schemes. 3. The complainant has noticed fifty four rice bags and the same were seized along with the vehicle. The rice was weighing 4,995 kgs. The value of the rice was Rs.1,14,699/- and the vehicle was Rs.5,50,000/-. Hence a case came to be registered against the owner and driver of the vehicle in Cr. No.293/2024 for the aforesaid offences. 4. Heard Sri. Satish Kumar D Gadkar, learned counsel for the petitioner and Sri. Gopal Kirshna Yadav, learned HCGP for respondents. 5. It is the submission of learned counsel for the petitioner that the petitioner is innocent of the alleged offences. There is no nexus between the alleged offence and the petitioner. There is no evidence that the rice belonged to the Government. In fact, the rice - 4 - NC: 2025:KHC-K:2210 CRL.P No. 200575 of 2025 was purchased through proper channel and it was being transported to the concerned destination. The respondent deliberately with an intention to trouble the petitioner filed this false case. Hence, the same has to be quashed. 6. Per contra, the learned HCGP controverted the said submission and he further submitted that the driver knowingly that the rice belongs to PDS, and it was supposed to be distributed to the beneficiaries under the different schemes, purchased illegally and transporting the same in order to sell in the black market. Therefore, the Investigation Officer registered the case and conducting the investigation. The investigation is under progress and at this stage, the case cannot be quashed. 7. Having heard learned counsel for the respective parties and also perused the averments of the complaint, it appears that the accused was driving the vehicle having no registration number by loading the - 5 - NC: 2025:KHC-K:2210 CRL.P No. 200575 of 2025 PDS rice. It was seized by the respondent police and complaint came to be registered by respondent No.2. 8. The learned counsel for the petitioner made available document No.3, which is known as tax invoice. As per the said invoice, on 09.09.2024, the said rice is stated to be purchased by the petitioner and it was being transported. However, the said document contained no signature. At this juncture, it is not appropriate to arrive at a conclusion that the said rice was being transported properly. The document of which the learned counsel produced, has to be referred to the Investigation Officer to verify its authenticity. 9. In the light of observations made above, I proceed to pass the following: ORDER i) The Criminal Petition is disposed of. ii) The Registry is directed to send document No.3 to the respondent police for verification of its authenticity. In case, the document is fabricated, - 6 - NC: 2025:KHC-K:2210 CRL.P No. 200575 of 2025 separate case has to be registered in addition to the reviving of the present case. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 33 CT:PK