- 1 - NC: 2025:KHC-K:2453 CRL.P No. 200699 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 24TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200699 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ABIDALI MULLA S/O ABDUL SATTAR MULLA, AGE:49 YEARS, OCC: PROPRIETOR OF KARNATAKA KRISHI KENDRA, INDIRANAGAR, MORATAGI, R/O. MORATAGI, TQ. SINDAGI SINDAGI -586123 2. SENTHIL M MAHADEVAN, AGE:44 YEARS, OCC: COMPLIANCE OFFICER, COROMONDEL INTERNATIONAL LTD., GUNJ CIRCLE, RAICHUR – 584102. …PETITIONERS (BY MISS. VAISHNAVI MANGANE, ADVOCATE) AND: THE STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE, FERTILIZER INSPECTOR AND AGRICULTURAL OFFICER RAITHA SAMPARKA KENDRA ALAMEL, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA. KALABURAGI BENCH. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2453 CRL.P No. 200699 of 2025 THIS CRL.P IS FILED U/SEC. 528 OF BNSS,2023 PRAYING TO, EXERCISE INHERENT POWERS U/SEC. 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN C.C.NO.1312/2023 (PRIVATE COMPLAINT.NO.9/2021), FOR THE OFFENCE PUNISHABLE U/SEC.3 R/W SECTION 7(1)(a)(ii) OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE SENIOR CIVIL JUDGE AND JMFC COURT AT SINDAGI, AGAINST THE PETITIONERS. 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 proceedings in C.C.No.1312/2023 (arising out of Crime Private Complaint No.9/2021), pending on the file of the Senior Civil Judge and JMFC, Sindagi, for the offence punishable under Section 3 read with Section 7(1)(a)(ii) of the Essential commodities Act, 1955. - 3 - NC: 2025:KHC-K:2453 CRL.P No. 200699 of 2025 3. Brief facts of the case are: It is the case of the prosecution that the complainant, who is the Fertilizer Inspector working in the office of the Raitha Samparka Kendra, Almel, filed a private complaint stating that he has visited the sale shop of Karnataka Agriculture Centre, Moratagi under the Fertilizer quality control program and took the sample of fertilizer as mentioned in the Schedule-II of the Fertilizer Control Order. It is stated that the sample sent for analysis was certified as poor quality. The analysis report of the said fertilizer was issued to the accused. Thereafter, the complainant has proceeded to prosecute the accused/petitioners for the offences stated supra. 4. Heard Miss.Vaishnavi Mangane, learned counsel for the petitioners and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent-State. 5. It is the submission of the learned counsel for the petitioners that the complainant being an Fertilizer - 4 - NC: 2025:KHC-K:2453 CRL.P No. 200699 of 2025 Inspector lodged a private complaint stating that he visited the sale shop of the petitioners and seized the fertilizer from the godown situated at Moratagi and found that the fertilizer stored in the said godown were poor quality as stipulated under the provisions of the Fertilizer Control Order. On enquiry, the complainant was informed that the said fertilizer was purchased through Coromondel International Limited, Gunj Circle, Raichur. 6. It is further submitted that though the complainant has made the petitioners as accused Nos.1 and 2, the fact remains that the company has not been made as a party to this petition, who is a necessary party. In the absence of the company, the complaint does not survive for consideration. She further submitted that the Coordinate Bench of this Court has disposed of the similar petition and the same may be considered. Making such submissions, he prays to allow the petition. 7. Per contra, learned High Court Government Pleader vehemently submitted that the complainant has - 5 - NC: 2025:KHC-K:2453 CRL.P No. 200699 of 2025 not made the company as an accused in this case, however, there is a scope under Section 319 of Cr.P.C. to array the company as an accused. Not arraying the company as an accused in this proceeding is not illegal, but it is irregularity and that can be cured at the stage of taking cognizance. Making such submissions, he prays to dismiss the petition. 8. Having heard the learned counsel for the respective parties and perused the averments of the private complaint, it appears from the records that the complainant committed illegally in not arraying the company as a party to the proceedings. Unless the company is made as a party to the proceedings, initiation of the criminal proceedings against the petitioners would amounts to an abuse of process of law. As such the petition deserves to be allowed. 9. In the light of the observations made above, I proceed to pass the following: - 6 - NC: 2025:KHC-K:2453 CRL.P No. 200699 of 2025 ORDER The Criminal Petition is allowed. The proceedings in C.C.No.1312/2023 (arising out of Crime Private Complaint No.9/2021), pending on the file of the Senior Civil Judge and JMFC, Sindagi, as against the petitioners are quashed. In view of disposal of main petition, pending application does not survive for consideration. Sd/- (S RACHAIAH) JUDGE SRT List No.: 1 Sl No.: 13 CT:PK