- 1 - NC: 2025:KHC-D:2448 WP No. 100429 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO. 100429 OF 2025 (GM-RES) BETWEEN: M/S MALAPRABHA FERTILIZERS PVT LTD. R.1, R.2, INDUSTRIAL AREA BACHOLI, TQ. KHANAPUR, DIST. BELAGAVI-591302, BY ITS DIRECTOR ALTAF. …PETITIONER (BY SRI. SADIQ N.GOODWALA, ADVOCATE) AND: SATISH P MAVINAKOPPA FERTILIZERS INSPECTOR CUM ASSISTANT DIRECTOR OF AGRICULTURE BILAGI, TQ. BILAGI, DIST. BAGALKOTE-587101. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF Cr.P.C., PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 31/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, BILAGI FOR THE OFFENCES PUNISHABLE U/SEC. 19(B) OF FERTILIZER CONTROL ORDER, 1985 AND SECTION 3 AND 7 OF EC ACT, 1955 IN SO FAR AS PETITIONER. THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 11:17:55 +0530 - 2 - NC: 2025:KHC-D:2448 WP No. 100429 of 2025 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for the respondent. 2. The cognizance taken for the offence punishable under Clause 19(b) of the Fertilizer (Control) Order, 1985, read with Sections 3 and 7 of the Essential Commodities Act, 1975, is impugned in this petition. 3. The respondent filed a private complaint under Section 200 of the Criminal Procedure Code, 1973 (“Cr.P.C.”). It is alleged that, during an inspection of the shop of accused No.4 on 09.06.2024, a sample of the subject fertilizers manufactured by M/s Malaprabha Fertilizers Pvt. Ltd. was drawn and sent for analysis. The analyst subsequently submitted a report stating that the subject fertilizers manufactured by the company did not conform to the prescribed specifications. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 5. The petitioner has annexed Form No. “A2” issued by the Government of Karnataka, which indicates that accused No.2 was the person authorized by the company for ensuring compliance with the provisions of the Fertilizer (Control) Order, 1985. The petitioner, who is accused No.2, is only the Managing Director of the company that manufactured the subject fertilizers and was neither responsible for nor authorized to ensure compliance with the Fertilizer (Control) Order, 1985. - 3 - NC: 2025:KHC-D:2448 WP No. 100429 of 2025 6. In a similar case, the Co-ordinate Bench of this Court, in Crl.P. No.6425/2023, disposed of on 27.02.2024, quashed the proceedings on the ground that the petitioner therein had appointed an authorized person for compliance on behalf of the company. Accordingly, the proceedings initiated against the Managing Director of the company were held to be unsustainable. 7. In view of the above, the continuation of the criminal proceedings against the petitioner would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The writ petition is allowed. ii) The impugned proceedings in C.C.No.31/2024 pending on the file of the Civil Judge and JMFC, Bilagi, insofar it relates to the petitioner-accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 48