- 1 - NC: 2025:KHC:11779 CRL.P No. 3389 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3389 OF 2025 BETWEEN: 1. SRI K M ALOKA S/O MURTHY, AGED ABOUT 36 YEARS, PROPRIETOR, KANAGAL AGRO CENTRE, B.M.ROAD, BYRAPURA, ALUR TALUK-573213, HASSAN DISTRICT. 2. SRI. K.S.BASAVARAJU S/O SHIVANANJAPPA, AGED ABOUT 70 YEARS, SRI. MANJUNATHA AGENCIES, KANDALI @ POST, HASSAN TQ AND DISTRICT-573217. …PETITIONERS (BY SRI. H J ANANDA., ADVOCATE) AND: 1. SMT. A N SHAILAJA AGE-MAJOR, ASSISTANT DIRECTOR OF AGRICULTURE AND FERTILIZER INSPECTOR, ALUR TALUK, ALUR-573213, HASSAN DISTRICT REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU-560001. …RESPONDENT (BY SRI. RAHUL RAI, HCGP FOR R1) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11779 CRL.P No. 3389 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE COMPLAINT DATED 01.09.2018 FILED BY THE RESPONDENT U/S 200 OF CR.P.C. AND FERTILIZER CONTROL ORDER, 1985 IN SO FAR AS THE PETITIONERS ARE CONCERNED VIDE AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners - accused Nos.1 and 2 have been charge sheeted for the offences punishable under Rule 13, 19(1)(A) of the Fertilizer (Control) Order, 1985 and Sections 3 and 7 of the Essential Commodities Act, 1955. 2. The respondent carried out inspection of the business of accused No.1 - who is Proprietor of Kanagal Agro Center, Byrapura, and a dealer, and collected samples of fertilizer manufactured by Zuari Agro Chemicals, situated at Zuarinagar. The respondent sent the samples for testing to the Fertilizer Analyst. The report was submitted stating that the samples of subject fertilizer is of substandard quality. The sample was again sent for re-analysis, and the same was declared that the sample of the subject fertilizer was not as per the prescribed standard. The respondent filed a private complaint under Section 200 of Cr.PC for contravening of Rules 13, 19(1)(A) and (B) of the Fertilizers Control Order, 1985. Accused No.1 is the Proprietor, and accused No.2 is the Distributor. The learned Magistrate after - 3 - NC: 2025:KHC:11779 CRL.P No. 3389 of 2025 perusing the complaint took the cognizance of the said offence. Taking exception to the same, this petition is filed. 3. The learned counsel for the petitioners submits that the manufacturer of the subject fertilizer having not been arraigned as an accused, the petitioners cannot be held vicarious guilty along with the manufacturer as specified under Section 10 of the Essential Commodities Act. 4. The learned High Court Government Pleader for the respondent submits that the complaint discloses the commission of the aforesaid offences, and the learned Magistrate has rightly taken the cognizance and the same does not warrant any interference. 5. The arguments of the learned counsel for the parties have been duly considered. 6. Section 2 of the Control Order, 1985 specifies that the Act means the Essential Commodities Act, 1955 and the provisions of the Act are made applicable, and the fertilizer is declared as an essential commodity in the Schedule-I to the Control Order, 1985. 7. Section 10 of the Essential Commodities Act, 1955 deals with offences by companies, and specifies that, if any person contravening an order made under Section 3 is a company, every person who, at the time the contravention - 4 - NC: 2025:KHC:11779 CRL.P No. 3389 of 2025 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 the instant case, the company which had manufactured the subject fertilizer has not been arraigned as an accused. Hence, the company having not been arraigned as an accused, the petitioner - accused No.1 who is the Proprietor and the accused No.2 who is the Distributor of the Zuari Agro Chemicals Ltd. Goa, cannot be held vicariously guilty along with the company as specified under Section 10 of the Essential Commodities Act. Furthermore, the petitioners were not involved in the manufacture of the subject fertilizer. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) Criminal petition is allowed. ii) The impugned proceeding in CC No.57/2019 pending on the file of the learned Civil Judge and JMFC Court, Alur, District Hassan, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM List No.: 2 Sl No.: 10