- 1 - HC-KAR NC: 2025:KHC-K:3395 CRL.P No. 201498 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 26TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.201498 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. M/S BASAVARAJAPPA SAJJANSHETTY, COTTON AND AGRO INDUSTRIES LTD., SHAHAPUR BY ITS PARTNERS, TQ. SHAHAPUR, DIST. YADGIRI-585223. 2. ASHOK ASUTI S/O SANGAPPA ASUTI, AGE:58 YEARS, OCC: PARTNER, M/s BASAVARAJAPPA SAJJANSHETTY, COTTON AND AGRO INDUSTRIES LTD., SHAHAPUR, R/O. NARGUND, DIST. GADAG-582101. 3. VISHWANATH MATTI S/O CHANDRASHEKHAR MATTI, AGE:54 YEARS, OCC: PARTNER, M/S BASAVARAJAPPA SAJJANSHETTY, COTTON AND AGRO INDUSTRIES LTD., SHAHAPUR, R/O. HUBLI, DIST. DHARWAD-581233. 4. SMT. JAYASHREE SAJJANSHETTY W/O SHANTESHWAR SAJJANSHETTY, AGE:55 YEARS, OCC: PARTNER, M/S BASAVARAJAPPA SAJJANSHETTY, COTTON AND AGRO INDUSTRIES LTD., Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3395 CRL.P No. 201498 of 2023 SHAHAPUR, R/O. SHAHAPUR, DIST. YADGIRI-585223. …PETITIONERS (BY SRI. SANJAY A. PATIL, ADVOCATE) AND: AGRICULTURAL PRODUCE MARKET COMMITTEE, SHAHAPUR DIST. YADGIRI, R/BY ITS SECRETARY SHIVAKUMAR S/O MALLANNA, AGE:41 YEARS, OCC: SECRETARY APMC SHAHAPUR, DIST. YADGIRI-585223. …RESPONDENT (BY SRI. KRUPA SAGAR PATIL, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO A) QUASH THE IMPUGNED ORDER DATED 09.12.2022 IN C.C.No.2900/2022 PASSED BY THE COURT OF PRL. CIVIL JUDGE AND JMFC, SHAHAPUR, DISTRICT YADGIRI AND ALL ITS FURTHER PROCEEDINGS PURSUANT TO THE IMPUGNED ORDER (IN PCR No.122/2022) AGAINST THE PETITIONERS FOR THE OFFENCE PUNISHABLE U/SECS.114, 117-A AND SEC.66 OF APMC ACT, 1966. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3395 CRL.P No. 201498 of 2023 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sanjay A. Patil, learned counsel for the petitioners and Sri Krupa Sagar Patil, learned counsel for the respondent. 2. The present petition is filed with the following prayer: “Quash the impugned Order dated 09.2.2022 in C.C.No.2900/ 2022 passed by the Court of Prl. Civil Judge and JMFC, Shahapur District, Yadgiri and all its further proceedings pursuant to the impugned order (in PCR No.122/2022) against the petitioners for the offence punishable u/Secs. 114, 117-A and Sec. 66 of APMC Act, 1966, in the interest of justice.” 3. An Officer of Agricultural Produce Marketing Committee, Shahapur, filed a petition under Section 200 of the Code of Criminal Procedure seeking action against the present petitioners under Section 114, 117-A and 66 of Agricultural Produce Marketing (Regulation and Development) Act, 1966, on observing certain violations. 4. Learned Trial Magistrate after recording the sworn statement, without holding enquiry under Section 202 of the - 4 - HC-KAR NC: 2025:KHC-K:3395 CRL.P No. 201498 of 2023 Code of Criminal Procedure as against the petitioners, as admittedly petitioner Nos.2 and 3 are residing outside the territorial jurisdiction of the learned Trial Magistrate, took cognizance and issued process, which is opposed to the settled principles of law. Said order of the learned Trial Magistrate is called in question in the present petition. 5. Impugned Order of taking cognizance and issuing of process needs to be set-aside and the matter is to be remitted to the learned Trial Magistrate for fresh disposal in accordance with law, from the stage of taking cognizance in view of the non compliance of procedure contemplated under Section 202 of the Code of Criminal Procedure in respect of petitioner Nos.2 and 3. 6. Needless to emphasis that the learned Trial Magistrate has to hold an enquiry under Section 202 of the Code of Criminal Procedure before venturing upon to take further action in the matter. 7. With the above observations, the following: - 5 - HC-KAR NC: 2025:KHC-K:3395 CRL.P No. 201498 of 2023 ORDER (i) Petition is allowed. (ii) Impugned Order dated 09.12.2022 passed in C.C.No.2900/2022 on the file of the Prl. Civil Judge and JMFC, Shahapur, is hereby set-aside. (iii) Matter is remitted to the learned Trial Magistrate for disposal in accordance with law after holding enquiry under Section 202 of the Code of Criminal Procedure. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 13 CT:PK