- 1 - NC: 2025:KHC-D:1607 CRL.P No. 100314 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100314 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. BHIMAPPA MAGADUM AGE. 32 YEARS, OCC. OWNER OF THE FIRM AND MANAGER, COROMANDEL INTERNATIONAL LIMITED, (GROMOR CENTRE GOKAK), GOKAK-591307, TQ. GOKAK, DIST. BELAGAVI. 2. SHRI. N.CHANDRASHEKAR AGE. 57 YEARS, OCC. ZONAL MANAGER, CORAMANDAL INTERNATIONAL LIMITED, COROMANDEL HOUSE, SARDAR PATEL ROAD, SECURNDERABAD-500003. …PETITIONERS (BY SRI. J. BASAVARAJ AND SRI. SUHAS K.HOSAMANI, ADVOCATES) AND: THE STATE OF KARNATAKA R/BY ITS STATE PUBLIC PROSECUTOR, THROUGH THE SEED INSPECTOR AND AGRICULTURE OFFICER, RAIT SAMPRAK KENDRA GOKAK, O/O. THE ASSISTANT DIRECTOR OF AGRICULTURE, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, IMPUGNED PRIVATE COMPLAINT DATED 10.04.2018 AS PER ANNEXURE-A, THE ORDER OF TAKING COGNIZANCE AND ISSUANCE OF SUMMONS DATED 10.04.2018 AS PER ANNEXURE-B FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955 PASSED IN CC NO.734/2018 AND ENTIRE PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, GOKAK, BELAGAVI DISTRICT, IN SO FAR AS PETITIONERS NO.1 AND 2/ACCUSED NO.1 AND 2. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.30 11:52:42 +0530 - 2 - NC: 2025:KHC-D:1607 CRL.P No. 100314 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned Additional Government Advocate (AGA) accepts notice for the respondent/State. 2. The respondent filed a private complaint under Section 200 of the Code of Criminal Procedure (CrPC), alleging that during an inspection of the premises of accused No.1, a retailer of fertilizers manufactured by Coromandel International Limited, Gromor Center, Gokak, samples of fertilizers were drawn and sent to the analyst for examination. The analyst submitted a report stating that the fertilizers did not conform to the prescribed specifications. Based on the complaint, the learned Magistrate took cognizance of the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 (hereinafter referred to as “the Act, 1955”). 3. Heard the learned counsel for the petitioners and the learned AGA for the respondent/State. 4. The provisions of the Act, 1955 are applicable to the Fertilizer (Inorganic, Organic, or Mixed) Control Order, 1985. Section 10 of the Act, 1955, which deals with offences by companies, provides that when a person contravening an order made under Section 3 is a company, every person who, at the time of the contravention, was in charge of and responsible for the conduct of the company’s business, as well as the company itself, - 3 - NC: 2025:KHC-D:1607 CRL.P No. 100314 of 2025 shall be deemed guilty of the contravention and shall be liable to be prosecuted and punished accordingly. 5. In the instant case, the company that manufactured the fertilizers in question has not been arrayed as an accused. Without the company being made a party, accused No.1 (the retailer) and accused No.2 (the Zonal Manager of the company) cannot be held vicariously liable under Section 10 of the Act, 1955. 6. Therefore, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, the petition is allowed. 7. The impugned proceedings in CC No.734/2018, on the file of the learned Principal Civil Judge and JMFC, Gokak, are hereby quashed. 8. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 31