- 1 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 201392 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. KARRI JAYALAXMIDEVI W/O RATHNA KUMARA KARRI, AGED ABOUT 58 YEARS, R/AT. FLAT NO. 602, LAXMI VENKATESHWARA COLONY, OPP AGRICULTURE UNIVERSITY, MYTRI TOWERS, RAICHUR-584101, PROPRIETOR OF M/S SURYODAYA AGRO INPUT MARKETING AGENCY, PLOT NO.23, 24, 45 AND 46 KIDB INDUSTRIAL AREA, HYDERABAD ROAD, RAICHUR – 584101. 2. MANAGING DIRECTOR M/S. ARIES AGRO LTD., REP BY RAHUL MIRCHANDANI, PLOT NO.244-246, 250-252, IDA, PHASE II, PASHAMAILARAM (V), PATANCHERU (M), SANGAREDDY-502307, TELANGANA. 3. PAVAN KUMAR UPPALAPATI S/O UPPALPATI HANUMANTHA RAJU, AGED ABOUT 36 YEARS, R/AT 7-78 DN COLONY, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 MUTHANGI, BEHIND SHARADHA HIGH SCHOOL, ISNAPUR, MEDAK, TELANGANA – 502307., MANAGER (QC AND LIAISON) AT M/S ARIES AGRO LTD., PLOT NO.244-246, 250-252, IDA, PHASE II, PASHAMAILARAM (V), PATANCHERU (M), SANGAREDDY - 502307 TELANGANA. …PETITIONERS (BY SRI/SMT MANASI SHARMA, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY, FERTILIZER INSPECTOR AND ASSISTANT DIRECTOR OF AGRICULTURE, (JARIDAL-2), SRI. MALLIKARJUNA, OFFICE OF JOINT DIRECTORS, RAICHUR – 584101, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585103. …RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP) THIS CRL.P IS FILED U/SEC. 528 OF BNSS,2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED/ PETITIONERS IN C.C.NO. 2947/2023 ARISING OUT OF UN-NUMBERED PCR PENDING ON THE FILE OF HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAICHUR FOR VIOLATION OF SECTION 2(h), 13(1)(a), (2) AND 21 OF FERTILIZER CONTROL ORDER, 1985, PUNISHABLE U/S 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 AT ANNEXURE-A AND B. AND GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT DEEMS FIT. - 3 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 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) 1. The petitioners are before this Court seeking to quash the proceedings in C.C No.2947/2023 pending on the file of Principal Senior Civil Judge and CJM, Raichur. Brief facts of the case: 2. It is the case of the prosecution that the Fertilizer Inspector and the Assistant Director of Agriculture, Raichur stated to have conducted an inspection on 24.06.2022 at M/s.Suryodaya Agro Input Marketing Agency, Raichur. He found that the respondent was selling non-notified fertilizer, namely, ‘HORTISTAR’. Therefore, he collected the samples and drawn the mahazar and sent the collected samples to the Deputy Director of Agriculture, Fertilizer Controller Laboratory, Bengaluru for analysis. Thereafter, they found that the said fertilizer was not notified in the schedule. Therefore, a case came to be registered against the petitioners. - 4 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 3. Heard Sri.Manasi Sharma, learned counsel for the petitioners and Sri.Gopal Kirhna Yadav, learned High Court Government Pleader for the respondent – State. 4. It is the submission of the learned counsel for the petitioners that the complainant has alleged that the said non-notified fertilizer had been manufactured by the company, namely, M/s.Aries Agro Limited. However, the company has not been made as one of the essential persons or the accused to the case, which is contrary to the provisions of the Act and also settled principle of law. Therefore, the initiation of the proceedings against these petitioners are to be vitiated. Making such submissions, the learned counsel for the petitioners prays to allow the petition. 5. Per contra, the learned High Court Government Pleader for the respondent – State vehemently submitted that the accused Nos.2 and 3 are the Managing Director and Manager of the said company, there is no necessity to make company as one of the accused. - 5 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 6. It is further submitted that the accused No.1 was selling a non-notified fertilizer in order to trouble the farmers and also bring down the reputation to the Department. Therefore, it is necessary to continue the proceedings and it is also required to complete the trial to unearth the entire illegality. Making such submissions, he prays to dismiss the petition. 7. Having considered the submissions of the learned counsel for the respective parties and also perused the averments of the complaint, this Court time and again held that if the company is committed an offence, it should be made as one of the accused, if not, entire proceedings would be vitiated. However, in the present case, though it is alleged that the said non-notified fertilizer stated to have been manufactured by the company, namely, M/s.Aries Agro Limited, the complainant deliberately avoided in making the company as one of the accused. 8. In this context, it is relevant to refer Section 10 of the Essential Commodities Act, 1955, which reads as under: - 6 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 10. Offences by companies.— (1)If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub- section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2)Notwithstanding anything contained in sub- section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. - 7 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 Explanation.—For the purposes of this section,— (a)“company" means any body corporate, and includes a firm or other association of individuals; and (b)“director" in relation to a firm means a partner in the firm. 9. On reading of the above said provision, it makes it clear that the Company is required to be made as one of the accused to the proceedings. The same is mandatory. Not making the company as one of the accused, certainly, would defeat the proceedings of the respondent. Therefore, I am of the considered opinion that, the respondent committed a grave error in not making the company as one of the accused and the Trial Court has committed an error in taking cognizance of the case and also committed an error in issuing the summons without following the procedure which are required to be followed under Section 202 of the Cr.P.C. 10. It is needless to state that the company is situated at Hyderabad and accused Nos.2 and 3 are residents of Sangareddy District, Telangana. In such circumstances, the procedure under Section 202 of Cr.P.C had to be - 8 - NC: 2025:KHC-K:1465 CRL.P No. 201392 of 2024 followed. Non following the said procedure would vitiate the proceedings. 11. In the light of the observation made above, I proceed to pass the following: ORDER i) The Criminal Petition is allowed. ii) The entire proceedings in C.C No.2947/2023 pending on the file of Principal Senior Civil Judge and CJM, Raichur, are hereby quashed. Sd/- (S RACHAIAH) JUDGE UN List No.: 1 Sl No.: 21 CT:PK