- 1 - NC: 2025:KHC:11136 WP No. 6790 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 6790 OF 2025 (GM-RES) BETWEEN: 1. L. CHANNAMALLA REDDY S/O LATE LINGOPALLI SATYANARAYANA REDDY, AGED ABOUT 58 YEARS, PRESENTLY RESIDING AT 1-1, GONABHAVI, GUMMAGHATTA, ANANTHAPUR, ANDRA PRADESH - 515 863. 2. DILEEP D.J., S/O JAGADISH, AGED ABOUT 32 YEARS, PRESENTLY RESIDING AT DINASHETTAHALLI, CHINKURALI HOBLI, PANDAVAPURA TALUK, MANDYA DISTRICT- 571 812. …PETITIONERS (BY SRI. VINAY BHAT, ADVOCATE) AND: 1. STATE OF KARNATAKA BY K.R. PETE RURAL POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE BENGALURU-560 001. 2. AGRICULTURAL OFFICER, CUM FERTILIZER/INSECTICIDES/SEEDS, INSPECTOR, DEPARTMENT OF AGRICULTURE, GOVERNMENT OF KARNATAKA, K.R. PETE, MANDYA DISTRICT-571 426. Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11136 WP No. 6790 of 2025 R1 AND R2 ARE REPRESENTED BY SPP, HIGH COURT OF KARNATAKA AT BANGALORE BENGALURU-560 001. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CRPC PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF HON'BLE SENIOR CIVIL JUDGE AND JMFC COURT, KRISHNARAJAPET, IN CC NO. 474/2023, INSOFAR AS THE PETITIONERS HEREIN IS CONCERNED VIDE ANNEXURE-E AND ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners-accused Nos.1 and 2 were charge sheeted for the offence punishable under clause 19(C) of Fertilizer Control Order and under Section 7 of Essential Commodities Act are before this Court seeking relief. 2. The prosecution alleges that, on 4.8.2022, a goods vehicle was intercepted and upon inspection, the samples of the subject fertilizer was collected, and was sent to test analyst for analysis. The test analyst submitted a report stating that the subject fertilizer manufactured by the company is of sub- standard quality and not according to the specification. 3. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondents. - 3 - NC: 2025:KHC:11136 WP No. 6790 of 2025 4. The petitioner No.1 has been arrayed as the accused No.1 solely on the ground that he is the Marketing Director of the company which had manufactured the fertilizer which is sub-standard quality. The petitioner No.2 has been arrayed as accused No.2 solely on the ground that he is the dealer of the subject fertilizer which is declared as the sub- standard quality. 5. The Act as defined under Section 2 of the Fertilizer Control Order 1985, means the Essential Commodities Act, 1955. 6. Section 10 of the Essential Commodities Act, 1955 deals with the offences by the company, and it specifies that if a person contravening an order 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. In other words, the officer in-charge of the company can only be held vicariously guilty along with the company. 7. In the instant case, petitioner No.1-accused No.1 is the Marketing Director of the Company, and he had no role in the manufacturing of the subject fertilizer. The Company having not been arraigned as an accused, the petitioner No.1 who is the Marketing Director of the company cannot be held vicariously guilty along with the company as specified under Section 10 of the Essential Commodities Act, 1955. - 4 - NC: 2025:KHC:11136 WP No. 6790 of 2025 8. The petitioner No.2-accused No.2 who is the dealer is not involved in the manufacturing of the subject fertilizers. Therefore, he cannot be held vicariously guilty along with the company as Specified under Section 10 of the Essential Commodities Act, 1955. 9. In such circumstances, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Writ Petition is allowed. ii) The impugned proceedings in CC No.474/2023, on the file of the learned Senior Civil Judge and JMFC Court, Krishnarajapet, for the offences under Clause 19(C) Fertilizer Control Order 1985, and under Section 7 of the of the Essential Commodities Act, 1955, insofar it relates to the petitioners herein stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR