- 1 - NC: 2025:KHC-D:691 CRL.P No. 100027 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100027 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. MAHANTAGOUDA DEVARADDI, AGE. 50 YEARS, OCC. BUSINESS, PROP. DEVARADDI ENTERPRISES, VPC NO.222/12, BILAGI CROSS, BILAGI-587116, TQ. BILAGI, DIST. BAGALKOT. …PETITIONER (BY SRI. N.L. BATAKURKI, ADVOCATE) AND: KARNATAKA STATE GOVERNMENT, REPRESENTED BY THE FERTILIZER INSPECTOR CUM ASSISTANT DIRECTOR OF AGRICULTURE, O/O ASSISTANT DIRECTOR OF AGRICULTURE, BILAGI-587116, TQ. BILAGI, DIST. BAGALKOT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BLD., DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, ADMIT THE PETITION AND QUASH THE ORDER OF ISSUE OF PROCESS FOR THE OFFENCE P/U/SEC. U/NDER CLAUSE 1(H) AND CLAUSE 13 (2) OF FERTILIZER (CONTROL) ORDER 1985 R/W SEC. 8 AND 9 OF THE ESSENTIAL COMMODITIES ACT BY THE CIVIL JUDGE AND J.M.F.C. BILAGI DISTRICT BAGALKOT IN C.C.NO.446/2022 DATED 04.05.2022 AGAINST THE PETITIONER HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:41 +0530 - 2 - NC: 2025:KHC-D:691 CRL.P No. 100027 of 2025 CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. T. Hanumareddy, learned Additional Government Advocate, accepts notice for the respondent. 2. The petitioner, who is sought to be prosecuted for offences punishable under Clause 1(H) and 13(2) of the Fertilizer (Control) Order, 1985, read with Sections 8 and 9 of the Essential Commodities Act, 1955, is before this Court. 3. The petitioner, accused No.1, is the retailer of the fertilizer in question, while accused No.2 is the distributor of the same fertilizer. Accused No.2, in the same criminal proceedings that are impugned herein, had approached this Court in Crl.P. No.103942 of 2022. By order dated 09.12.2022, this Court quashed the proceedings against accused No.2, observing as follows: “6. The provisions of the Essential Commodities Act, 1955, are made applicable to contraventions under the Fertilizer (Control) Order, 1985, as specified in Clause 2(a) of the said Order. Since the manufacturer has not been arraigned as an accused, the complaint is not maintainable. Accused No.2, who is the retailer of the fertilizer alleged to be of substandard quality, cannot be held vicariously liable along with the company, as specified under Section 10(1) of the Essential Commodities Act.” 4. In light of the above order, the present petition also requires to be disposed of on similar grounds. Hence, I pass the following: - 3 - NC: 2025:KHC-D:691 CRL.P No. 100027 of 2025 ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.446/2022 pending on the file of the Civil Judge and JMFC, Bilagi, insofar as it relates to petitioner/accused No.1, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 27