- 1 - HC-KAR NC: 2025:KHC:19529 CRL.P No. 1789 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1789 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI. KARTHIKEYAN P., S/O LATE S. P. PALANISWAMY, AGED ABOUT 52 YEARS, R/O KASTURBHA ROAD, KANCHIKAMAKSHI NILAYAM, SHIVAMOGGA – 577 202 …PETITIONER (BY SRI. HANUMANTHAPPA A.,ADVOCATE) AND: 1. THE STATE OF KARNATKA THROUGH STATION OF OFFICER, THUNGANAGARA POLICE STATION, SHIVAMOGGA CITY, REP. BY SPP, HIGH COURT BUILDING, BANGALORE – 560 001 2. S. S. KAVIRAJ, S/O RAMAIAH, FOOD INSPECTOR, ANOPACHARIKA PADITHARA, SHIVAMOGGA – 577 201 …RESPONDENTS (BY SRI. .,ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.6780/2021 ON THE FILE OF THE V ADDL.CIVIL JUDGE AND J.M.F.C SHIVAMOGGA FOR THE OFFENCE PUNISHABLE UNDER SECTION 3, 4, 7 OF ESSENTIAL COMMODITIES ACT OF RESPONDENT TUNGANAGAR POLICE. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19529 CRL.P No. 1789 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks for the following reliefs: “Wherefore, it is prayed to this Hon’ble Court be pleased to call for the records and quash the entire proceedings in C.C.No.6780/2021 on the file of V Addl. Civil Judge and JMFC Shivamogga for the offence punishable under Sections 3, 4 and 74 of E.C. Act of respondent Tunganagar Police, in the interest of justice and equity.” 2. Heard learned counsel for the petitioner and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2 received information on 12.03.2020 to the effect that the petitioner had stored rice grains for PDS Scheme in his warehouse, pursuant to which, impugned proceedings registered as FIR in Crime No.118/2020 for the offences punishable under Sections 3, 4 and 7 of the Essential Commodities Act, 1955 were - 3 - HC-KAR NC: 2025:KHC:19529 CRL.P No. 1789 of 2024 instituted against the petitioner, which are now pending in C.C.No.6780/2021 before the Trial Court. 4. In addition to reiterating the various contentions urged in the petition and referring to the material on record, learned counsel for the petitioner has invited my attention to the material on record in order to point out that in the absence of respondent obtaining a report from the Forensic Science Laboratory or from any other Agency indicating that the food grains seized from the petitioner warehouse were meant to distribution under PDS Scheme, the impugned proceedings is contrary to law and as held by the Apex Court in the cases of Riyaz Ahmed and Ors. Vs. The State of Karnataka – Crl.P.No.7648/2019 dated 26.09.2022 and Shaik Markhoom Ahemd and Ors Vs. The State of Karnataka – Crl.P.No.5567/2025 dated 24.04.2025. 5. In the instant case, a perusal of the material on record will indicate that before institution of the impugned proceedings, respondent had not conducted preliminary enquiry as required by law to indicate that the rice grains seized from the warehouse of the petitioner were meant for distribution under PDS Scheme. Under these circumstances, I am of the considered opinion that in - 4 - HC-KAR NC: 2025:KHC:19529 CRL.P No. 1789 of 2024 the light of the aforesaid judgments, impugned proceedings deserves to be quashed. 6. In the result, I proceed to pass the following: i) The petition is hereby allowed. ii) The impugned proceedings in C.C.No.6780/2021 on the file of V Additional Civil Judge and JMFC, Shivamogga insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 2 Sl No.: 4