- 1 - NC: 2025:KHC-K:2217 CRL.P No. 200445 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. 200445 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: IMAM SAB S/O SHAMID SAB, AGE:36 YEARS, OCC: AGRICULTURE, R/O. NEAR GOVT. SCHOOL, TIPPU SULTAN COLONY, WARD NO. 12, SINDHANOOR, TQ. SINDHANOOR, DIST. RAICHUR-584101. …PETITIONER (BY SRI SATISHKUMAR D. GADKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SHO, SINDHANOOR TOWN POLICE STATION, REPRESENTED BY, ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH KALABURAGI-585 103. 2. HANUMESH AGE:31 YEARS, OCC: FOOD INSPECTOR, TASHIL OFFICE, SINDHANUR, DIST.RAICHUR-584101. …RESPONDENTS (BY SRI GOPALKRISHNA B.YADAV, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2217 CRL.P No. 200445 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.174/2023 FOR THE OFFENCES PUNISHABLE U/SEC. 3 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955 AND REGISTERED BY RESPONDENT NO.1 POLICE/SINDHANOOR TOWN POLICE STATION, DISTRICT RAICHUR, NOW PENDING ON THE FILE OF PRL. CIVIL JUDGE (JR.DN) AND JMFC COURT SINDHANOOR, DISTRICT RAICHUR. 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 in Crime No.174/2023 registered by Sindhanoor Town Police Station, pending on the file of Principal Civil Judge (Junior Division) and JMFC Court, Sindhanoor, for the offences - 3 - NC: 2025:KHC-K:2217 CRL.P No. 200445 of 2024 punishable under Sections 3 and 7 of the Essential Commodities Act 1955. 3. Brief facts of the case are: Case of the prosecution is that the Food Inspector of Sindhanoor filed a complaint stating that the petitioner– Imam Sab who owned a room situated at Indranagar, Sindhanoor Town is stated to have stored 85 quintals of rice and 09 quintals of jowar which were supposed to be distributed under the PDS scheme. It is also stated that the petitioner was selling the said food grains in the black market, therefore, he lodged the complaint. Based on the complaint, a case came to be registered against the petitioner and the matter is pending for consideration. 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:2217 CRL.P No. 200445 of 2024 5. It is the submission of the learned counsel for the petitioner that the petitioner is the proprietor of M.D.Traders. He was having licence to store the rice and jowar. Accordingly, he had stored the same. However, due to mistake of fact, even without verifying as to whether the said rice and jowar belonged to PDS scheme or not, a complaint came to be registered by the Food Inspector. 6. It is further submitted that reading of the averments of the complaint makes it clear that no case is made out against the petitioner as the petitioner had licence to run the business of rice and jowar. Therefore, the petition has to be allowed and case against the petitioner has to be quashed. 7. Per contra, learned High Court Government Pleader vehemently submitted that though the petitioner has made available some documents to show that the petitioner had valid licence to store the food grains, the same may be produced before the competent authority for - 5 - NC: 2025:KHC-K:2217 CRL.P No. 200445 of 2024 the purpose of verification. If the competent authority is satisfied that the petitioner had valid licence, the report may be filed in his favour. Therefore, a suitable direction may be issued in that regard and the petition may be rejected. 8. Having heard the learned counsel for the respective parties and also perused the averments of the complaint, it appears that respondent No.2 lodged a complaint stating that the petitioner had stored the food grains which were supposed to be distributed to the public at large and the same has been seized and case has been registered against the petitioner. 9. Be that as it may, learned counsel for the petitioner has made available some documents to show that the petitioner had a valid licence to run the wholesale shop and also to store the food grains etc. However, this Court is having limited jurisdiction to verify the documents at this stage. Hence, it is appropriate to direct the - 6 - NC: 2025:KHC-K:2217 CRL.P No. 200445 of 2024 petitioner to produce all these documents before the competent authority. 10. If the petitioner produces the documents which appears to be relevant, the respondents may consider the documents and file appropriate report in this case. 11. Accordingly, I proceed to pass the following: ORDER The Criminal Petition is dismissed. The respondent-Police is directed to provide an opportunity to the petitioner to produce the documents relating to the case. On verification, if the Investigating Officer is satisfied, the final report shall be submitted to the Trial Court within two months from the date of production of documents. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 43/CT:PK