- 1 - NC: 2025:KHC:13119 CRL.P No. 2781 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 2781 OF 2025 BETWEEN: B.J. BRAHMADEVAYYA S/O JIVENDRAIAH AGED 75 YEARS OCC: BUSINESS, JEEVENDRU FERTILIZERS, UMAR NAGAR BELLURU, NAGAMANGALA TALUK, MANDYA DIST - 571 448. …PETITIONER (BY SRI KRISHNAPPA N.R, ADV.) AND: STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE REP. BY DAYANANDA KUMAR S (FERTILIZER CONTROL OFFFICER FCO)RAITHA SAMPARKA KENDRA BELLURU, SAMPARKA KENDRA BELLURU, NAGAMANGALA TALUK PIN - 571 418. …RESPONDENT (BY SMT. N. ANITHA GIRISIH, HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS OF CC NO.908/2022 ON THE FILE OF THE ADDL.SENIOR CIVIL JUDGE AND JMFC COURT, NELAMANGALA TALUK, MANDYA DISTRICT DATED 07.10.2022 REGISTERED FOR THE OFFENCES P/U/S 3 AND 7 ESSENTIAL COMMODITIES ACT, 1955 AND UNDER THE FERTILIZERS (CONTROL) ORDER 1985, SO FAR PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by NANDINI MS Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:13119 CRL.P No. 2781 of 2025 CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Accused no.1 in C.C.No.908/2022 pending before the Court of Senior Civil Judge & JMFC, Nagamangala, registered for the offences punishable under Sections 13(1), 13(2), 19(b) of the Fertilizer Control Order, 1985, read with Sections 3(2) (d) of Essential Commodities Act, 1955, is before this Court under Section 482 of Cr.PC., with a prayer to quash the entire proceedings in the aforesaid case. 2. Learned Counsel for the petitioner submits that this Court has already quashed the proceedings as against accused no.2 in Crl.P.No.6425/2023 and the reasons assigned by this Court while quashing the proceedings as against accused no.2, are also applicable as against the petitioner. He submits that petitioner is the owner of a retail shop where the fertilizers were kept for sale, whereas accused no.2 was a distributor of the fertilizer. 3. This Court in Crl.P.No.200937/2024 disposed of on 01.02.2025 has held that the owner of the retail shop in which the fertilizers are kept for sale, cannot be prosecuted for the - 3 - NC: 2025:KHC:13119 CRL.P No. 2781 of 2025 offences punishable under the Fertilizer Control Order, 1985, and Essential Commodities Act, 1955. The proceedings as against accused no.2 has been quashed by this Court in Crl.P.No.6425/2023 disposed of on 27.02.2024. Under the circumstances, the proceedings as against accused no.1 who is the owner of the retail shop where the fertilizers were kept for sale, is liable to be quashed. Accordingly, the following order: 4. Petition is allowed. The entire proceedings in C.C.No.908/2022 pending before the Court of Senior Civil Judge & JMFC, Nagamangala, for the offences punishable under Sections 13(1), 13(2), 19(b) of the Fertilizer Control Order, 1985, read with Sections 3(2)(d) of Essential Commodities Act, 1955, is quashed. sd/- (S VISHWAJITH SHETTY) JUDGE KK