- 1 - NC: 2025:KHC:2376 CRL.P NO.8550 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.8550 OF 2023 BETWEEN: 1. SRI. C.P. YOGESH S/O PAPANNA AGED ABOUT 42 YEARS, R/AT CHIKKA ANKANAHALLI VILLAGE, ATHAGURU HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 428. 2. SRI. SRINIVASA S/O LATE SHIVANNA AGED ABOUT 42 YEARS, R/AT MAHARNAVAMI DODDI VILLAGE, KOPPA HOBLI, MADDUR TALUK, MANDYA DISTRICT - 571 428. ALSO DRIVER OF CANTER BEARING REGN. NO.KA-11-B-7390. …PETITIONERS (BY SRI. LEELADHAR H.P., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BESAGARAHALLI POLICE STATION, MADDUR TALUK, MANDYA DISTRICT, REP BY THE S.P.P., HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. SRI. KRISHNEGOWDA N.V. S/O VENKATEGOWDA, AGED ABOUT 54 YEARS, AGRICULTURAL OFFICER, Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:2376 CRL.P NO.8550 OF 2023 KOPPA RAITHA SAMPARKA KENDRA, KOPPA TOWN, MADDUR TALUK, MANDYA DISTRICT - 571 428. …RESPONDENTS (BY SMT. WAHEEDA M.M., HCGP FOR R1; RESPONDENT NO.2 - SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/NDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.641/2023 (IN CR.NO.26/2022 OF THE BESAGARAHALLI POLICE STATION, MADDUR TALUK) FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 5 AND 7 OF FERTILIZERS (CONTROL) ORDER READ WITH SECTIONS 3(2)(a), 3(2)(d) OF THE ESSENTIAL COMMODITIES ACT AGAINST THE PETITIONERS ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC., MADDUR. 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-accused Nos.1 and 2 in Crime No.26/2022 who are also accused Nos.1 and 2 in charge sheet No.28/2023 seeks quashing of the impugned proceedings in C.C. No.641/2023 pending on the file of the Principal Civil Judge and JMFC., Maddur for alleged violation under Sections 3, 5 and 7 of the Essential Commodities Act, 1955. 2. Heard the learned counsel for petitioners and the learned High Court Government Pleader for respondent No.1 and perused the material on record. - 3 - NC: 2025:KHC:2376 CRL.P NO.8550 OF 2023 3. Respondent No.2-complainant having been served with notice of the petition, has chosen to remain unrepresented and has not contested the petition. 4. A perusal of the material on record will indicate that, pursuant to the complaint dated 10th March, 2022 by the respondent No.2, the respondent No.1-Besagarahalli Police have registered F.I.R. in Crime No.26/2022 against the petitioner- accused Nos.1 and 2 and accused Nos.3 to 8 for the alleged offences under Sections 5 and 7 of the Fertilizers (Control) Order, 1985 read with Sections 3(2)(a), 3(2)(d) and 7 of the Essential Commodities Act. 5. Subsequent to investigation being carried out by the respondent No.1-Police, charge sheet No.28/2023 was filed against the petitioners arraigning them as accused Nos.1 and 2 along with accused Nos.3 to 8. The material on record also indicate that the petitioners are neither traders nor involved in mixing of adulterated fertilizers without any licence and had thereby, not committed any offence under Sections 3, 5 or 7 of the Essential Commodities Act. In other words, in the absence of any material either by way of complaint, statement of witnesses, - 4 - NC: 2025:KHC:2376 CRL.P NO.8550 OF 2023 documents or the charge sheet indicating that the petitioner- accused Nos.1 and 2 are guilty of commission of any offences either under Sections 3, 5 or 7 of the Essential Commodities Act, 1955, I am of the considered opinion that the continuation of impugned proceedings qua the petitioner-accused Nos.1 and 2 for the alleged offences would amount to abuse of process of law warranting interference by this Court in the present petition. 6. 6. In the result, I pass the following: O R D E R 1) The Criminal Petition is allowed; and 2) The proceedings in C.C.No.641/2023 registered by Besagarahalli Police Station, Maddur in Crime No.26/2022 pending on the file of the Principal Civil Judge and JMFC., Maddur qua the petitioner-accused Nos.1 and 2 stands quashed. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 3