- 1 - NC: 2025:KHC-K:2566 CRL.P No. 201324 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 201324 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: K. N. PATIL AMOGHASIDDESHWARA ENTERPRISES, INDI ROAD, TELI COMPLEX, VIJAYAPURA, AGE:40 YEARS, OCC: BUSINESS, R/O. VIJAYAURA, DIST. VIJAYAPURA-586101. …PETITIONER (BY SRI. SHIVANAND V. PATTANASHETTI, ADVOCATE) AND: THE STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE, R/BY THE FERTILIZER INSPECTOR AND ASST. DIRECTOR AGRICULTURE, VIJAYAPURA, DIST. VIJAYAPURA-584128, R/BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRL.P IS FILED U/SEC. 528 OF BNSS, 2023 PRAYING TO QUASH THE IMPUGNED ORDER OF TAKING COGNIZANCE AND ISSUE OF PROCESS DATED 12.02.2021 PASSED BY IV-ADDL. CIVIL JUDGE AND JMFC VIJAYPURA, IN Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2566 CRL.P No. 201324 of 2024 C.C NO.532/2021 (PC NO. 602/2019) FOR THE OFFENCES PUNISHABLE U/SEC 3 AND 7(a)(b) AND 7(1)(a), 7(2) OF THE ESSENTIAL COMMODITIES ACT R/W SEC 19(3) (3 AND 7) OF THE FERTILIZER CONTROL ORDER 1985 AND CONSEQUENTLY SET HIM AT LIBERTY. 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. The petitioner who is accused No.1 has approached this Court seeking to quash the order of taking cognizance dated 12.02.2021 passed in C.C.No.532/2021 (P.C.No.602/2019) by IV-Additional Civil Judge and JMFC, Vijayapura, for the offences punishable under Sections 3, 7(a)(b), 7(1)(a) and 7(2) of the Essential Commodities Act r/w Section 19(3), (3 and 7) of the Fertilizer Control Order, 1985. - 3 - NC: 2025:KHC-K:2566 CRL.P No. 201324 of 2024 3. Factual matrix of the case: The complainant who is an Agriculture Officer stated to have visited the shop of the petitioner i.e., M/s.Amoghasiddeshwara Enterprises on 13.09.2017, conducted an inspection and found that the petitioner was selling the fertilizer, namely, 00:52:54 manufactured by M/s. Zuari Agro Chemicals Limited. The complainant collected the samples and sent the said samples to the laboratory for chemical analysis. After obtaining the report, it was found that the said fertilizer is of substandard quality. Therefore, the complainant filed a private complaint against the petitioner and another. 4. Heard Sri.Shivanand V.Pattanashetti, learned counsel for the petitioner and Sri.Jamadar Shahabuddin, learned High Court Government Pleader for the respondent-State. 5. It is the submission of the learned counsel for the petitioner that though the complaint averments would - 4 - NC: 2025:KHC-K:2566 CRL.P No. 201324 of 2024 indicate that the alleged fertilizer which was considered as substandard has been manufactured by M/s.Zuari Agro Chemicals Limited, the said company has not been arraigned as an individual accused in the complaint which is contrary to the settled principle of law. Therefore, the proceedings against the petitioner has to be quashed. Making such submissions, he prays to set aside the order of taking cognizance passed by the learned Magistrate. 6. Per contra, learned High Court Government Pleader vehemently submitted that accused No.2 is a Quality Control Officer and he represented the company. Since the company is represented by Quality Control Officer, it is always not required to make the company as one of the individual accused in the case. Even assuming that the company is not arrayed as accused, it is just an irregularity and that itself is not the ground to quash the proceedings or to set aside the order of taking cognizance passed by the learned Magistrate. Making such submissions, he prays to reject the petition. - 5 - NC: 2025:KHC-K:2566 CRL.P No. 201324 of 2024 7. Having heard the learned counsel for the respective parties and also perused the averments of the complaint and order of taking cognizance passed by the learned Magistrate, it appears that the complainant being Agriculture Officer had visited the shop of accused No.1 and found that a fertilizer which was considered as substandard has been sold in the said shop. As per the information of the complainant, the said substandard fertilizer has been manufactured by M/s.Zuari Agro Chemicals Limited and it is a Limited Company. No doubt, the company has not been arrayed as one of the accused which was required to be made to constitute an offence under the Essential Commodities Act r/w Fertilizer Control Order 1985. As the complainant has not arrayed the company has one of the accused, I am of the considered opinion that the order of taking cognizance passed by the learned Magistrate has to be set aside. 8. Hence, I proceed to pass the following: - 6 - NC: 2025:KHC-K:2566 CRL.P No. 201324 of 2024 ORDER The Criminal Petition is allowed. The order of taking cognizance dated 12.02.2021 passed in C.C.No.532/2021 (arising out of P.C.No.602/2019) pending on the file of IV-Additional Civil Judge and JMFC, Vijayapur, in respect of the petitioner is quashed. In view of disposal of the main petition, I.A.No.1/2024 does not survive for consideration. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 16 CT:PK