- 1 - NC: 2025:KHC:3472 CRL.P No. 2386 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2386 OF 2024 BETWEEN: SRI. M.S. DEEPAK KUMAR @ DEEPU, S/O M.R. SURENDRA, AGED ABOUT 40 YEARS, R/AT NO.74, GKM COLLEGE ROAD, JARAGANAHALLI, J.P. NAGAR, 6TH PHASE, BANGALORE - 560 078. …PETITIONER (BY SRI. NAGARAJA N., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY PUTTENAHALLI POLICE STATION, SUBRAMANYAPURA SUB DIVISION, BANGALORE URBAN DISTRICT. REPRESENTED BY PUBLIC PROSECUTOR, DISTRICT AND SESSIONS COURTS, BANGALORE - 560 001. 2. SRI. K. RAMESHWARAPPA, S/O KAADAPPA, AGED ABOUT 62 YEARS, R/AT NO.08, JOINT DIRECTOR AND STATE HEAD, STATE VIGILANCE SQUAD FOOD, CIVIL SUPPLY AND CONSUMER AFFAIRS DEPARTMENT, Digitally signed by KAVYA R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3472 CRL.P No. 2386 of 2024 CUNNINGHAM ROAD, BANGALORE - 560056 …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1 AND R2) THIS CRL.P. IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.28899/2022, PENDING ON THE FILE OF THE XXX ADDL. CMM AT BANGALORE, FOR THE OFFENCE P/U/S 3 AND 6(A), 7 OF KARNATAKA ESSENTIAL COMMODITIES ACT, 1955, U/S 3(2)(i), 4, 6, 8 OF KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER 1981, U/S 3, 4, 12, 18, 19 OF KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 AND U/S 120B, 420, 468, 477, 463, 464 OF IPC, 1860. 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: (i) Call for records in C.C.No.28899/2022 pending on the file of the XXX Addl. CMM at Bengaluru for the offences punishable under Sections 7, 3 and 6(A) of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981 (U/s 4, 8, 3(2)(i)(6) of Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 (U/s 3, 4, - 3 - NC: 2025:KHC:3472 CRL.P No. 2386 of 2024 12, 18, 19) and Under Section 120(B), 420, 468, 477, 468, 477, 463, 464 r/w 34 of IPC, 1860. (ii) Quash the entire proceedings in C.C.No.28899/2022 pending on the file of the XXX Addl. CMM at Bengaluru for the offences punishable under Sections 7, 3 and 6(A) of the Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order 1981 (U/s 4, 8, 3(2)(i)(6) of Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 (U/s 3, 4, 12, 18, 19) and Under Section 120(B), 420, 468, 477, 468, 477, 463, 464 r/w 34 of IPC, 1860. 2. After arguing the matter for some time, learned counsel for the petitioner, on instructions, submits that the petition may be disposed off reserving liberty in favour of the petitioner to seek discharge and/or file an application for discharge before the trial court and the trial court may be directed to consider the same and pass appropriate orders in accordance with law. 3. Submission is placed on record. 4. The petition is accordingly disposed off. Liberty is reserved in favour of the petitioner to seek discharge and/or file an application for discharge before the trial court and also produce documents which shall be considered by the trial court and the trial - 4 - NC: 2025:KHC:3472 CRL.P No. 2386 of 2024 court shall proceed to consider the request/application of the petitioner for discharge and pass appropriate orders, in accordance with law. 5. In the event the petitioner seeks discharge and/or files an application for discharge, as state supra, the trial court shall consider the said request and pass appropriate orders within a period of 3 months from the date of receipt of a copy of this order. Sd/- (S.R.KRISHNA KUMAR) JUDGE RD