- 1 - NC: 2025:KHC-K:2218 CRL.P No. 200450 of 2024 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. 200450 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MURTI NAYAK S/O SANJEEVAPPA NAYAK, AGE:38 YEARS, OCC:BUSINESS, R/O. AT POTNAL VILLAGE, TQ. MANVI, DIST. RAICHUR-584 123. …PETITIONER (BY SRI SATISHKUMAR D. GADKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH MANVI POLICE STATION, DIST.RAICHUR-584 123, REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH KALABURAGI-585 103. 2. SHASHIDHAR B. KUMACHAGI, AGE:45 YEARS, OCC: FOOD SHIRESTEDAR TASHIL OFFICE, MANVI, TQ. MANVI, DIST.RAICHUR-584101. …RESPONDENTS (BY SRI GOPALKRISHNA B.YADAV, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2218 CRL.P No. 200450 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO, A) QUASH THE FIR AND COMPLAINT IN CRIME NO.232/2023 FOR THE OFFENCES PUNISHABLE U/SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1995 AND REGISTERED BY RESPONDENT NO.1 POLICE/MANVI POLICE STATION, DISTRICT RAICHUR, NOW PENDING ON THE FILE OF I-ADDL. CIVIL JUDGE (SR. DN.) AND CJM COURT MANVI RAICHUR DISTRICT. B) GRANT SUCH OTHER RELIEFS AS DEEMED 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 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 seeking to quash the FIR and complaint registered in Crime No.232/2023 by Manvi Police Station, Raichur District, pending on the file of I-Additional Civil Judge (Sr., Dn.,) and CJM Court, Manvi, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. - 3 - NC: 2025:KHC-K:2218 CRL.P No. 200450 of 2024 3. Factual matrix of the case: It is the case of the prosecution that the complainant had received an information that PDS rice was stored in the shed situated at Potnal village. On receiving the said information, the complainant had informed the Higher Official regarding storage of PDS rice. The official had instructed the complainant to lodge a complaint before the respondent – police. Accordingly, he lodged a complaint before the respondent – police. The respondent – police after registering the case in Crime No.232/2023 for the above said offences, conducted the search and seized the PDS rice by drawing the panchanama. The investigation is under progress. 4. Heard Sri.Satishkumar D.Gadkar, learned counsel for the petitioner and Sri.Gopalkrishna B.Yadav, learned High Court Government Pleader for the respondents. - 4 - NC: 2025:KHC-K:2218 CRL.P No. 200450 of 2024 5. It is the submission of the learned counsel for the petitioner that the petitioner even though had produced the e-way bills and also invoices for having purchased the food grains, a false case has been registered against the petitioner in order to show the statistics to the higher officials. 6. It is further submitted that the respondent No.2 even without obtaining report from the competent authority that the seized rice was a PDS rice, registered a case for the above said offences which is erroneous and not proper. Therefore, the FIR has to be quashed. Making such submissions, the learned counsel for the petitioner prays to allow the petition. 7. Per contra, learned High Court Government Pleader vehemently submitted that, prima facie, the case has been made out against the petitioner. The rice has been seized primarily it is considered as PDS rice. The petitioner had not produced any documents to show that he had obtained permission to transport the rice or - 5 - NC: 2025:KHC-K:2218 CRL.P No. 200450 of 2024 permission to store the rice in the godwon. In the absence of production of documents, registration of case for the above said offences is justified. Still the investigation is under progress. At this stage, it is not appropriate to quash the proceedings. Making such submissions, he prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears from the record that Annexure-C stated to be the document issued by the Deputy Director of Agricultural Marketing, Raichur regarding trade licence. Annexure-D is the registration certificate. Annexure-E is the cash bill or tax invoice which indicates that the petitioner had purchased the rice from Sri Pavan Trading Company on 08.09.2023. However, the raid was conducted on 12.09.2023 stating that the rice was stored in the godown illegally. 9. On perusal of the Annexures produced along with the petition, I am of the considered opinion that at - 6 - NC: 2025:KHC-K:2218 CRL.P No. 200450 of 2024 this stage, it is not relevant to consider the documents for the purpose of determining its authenticity. Therefore, it is appropriate to direct the petitioner herein to produce those documents before the respondent-Police and also direct the petitioner to co-operate for investigation in this matter. 10. In the light of the observations made above, I proceed to pass the following: ORDER The Criminal Petition is dismissed. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 44 CT:PK