- 1 - NC: 2025:KHC-D:2118 CRL.P No. 100477 of 2025 C/W CRL.P No. 100478 of 2025 CRL.P No. 100503 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100477 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100478 OF 2025 CRIMINAL PETITION NO. 100503 OF 2025 IN CRL.P. NO.100477 OF 2025: BETWEEN: 1. SANGAPPA B. YARAGOPPAD AGE. 47 YEARS, OCC. PROPRIETOR, SRI. BANASHANKARI AGRO CENTRE, BENGIGERI ONI, ANVEKAR PLOT, HUBLI-KARWAR ROAD, KALAGHATAGI, DIST. DHARWAD-591221. 2. RUDRESH V. SHINDHE AGE. 45 YEARS, OCC. PROPRIETOR OF ANNAPURNA TRADERS HALIYAL, AT & POST. AMMANKOPPA, TQ. HALIYALA, DIST. UTTAR KANNADA-581329. 3. N. NAVEENRAJ IFFCO COMPANY REPRESENTATIVE, THE MANAGER, STATE OFFICE, IFFCO E BAZAR, 3RD BLOCK, 3RD FLOOR, KSCMF BUILDING, CUNNINGHAM ROAD, BANGALORE-560052. 4. THE MANAGER STATE OFFICE IFFCO E BAZAR FERTILIZER AND CO-OPERATIVE LTD., 3RD BLOCK, 3RD FLOOR, KSCMF BUILDING, CUNNINGHAM ROAD, BANGALORE, REPRESENTED BY ITS MANAGER, N NAVEENRAJ, AGE. 46 YEARS, OCC. MANAGER, STATE OFFICE IFFCO E BAZAR FERTILIZER AND CO-OPERATIVE LTD., 3RD BLOCK, 3RD FLOOR, KSCMF BUILDING, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:20:56 +0530 - 2 - NC: 2025:KHC-D:2118 CRL.P No. 100477 of 2025 C/W CRL.P No. 100478 of 2025 CRL.P No. 100503 of 2025 CUNNINGHAM ROAD, BANGALORE-560052. …PETITIONERS (BY SRI. AVINASH A UPLAONKAR, ADVOCATE) AND: THE GOVERNMENT OF KARNATAKA DEPARTMENT OF AGRICULTURE, THROUGH FERTILIZER INSPECTOR AND DEPUTY DIRECTOR OF AGRICULTURE, FERTILIZER CONTROL LABORATORY, DHARWAD, NOW REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO EXERCISE INHERENT POWERS U/SEC. 482 OF CR.P.C. EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN CC NO. 982/2024, DATED 04.07.2024 FOR THE OFFENCE P/U/SEC. 3 R/W 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT AT KALAGHATAGI, AGAINST THE PETITIONERS/ACCUSED NO. 1 TO 4. IN CRL.P. NO.100478 OF 2025: BETWEEN: 1. ANAGOUDA JEENAGOUDA PATIL AGE. 52 YEARS, OCC. PROPRIETOR, BHUMI SEVA KENDRA, SHAMANEWADI, TQ. CHIKODI, DIST. BELAGAVI-591214. 2. ANIL BABURAO PATIL AGE. 35 YEARS, OCC. DEALER, KRISHNA GODAVARI KBB UVVSS LTD., NEAR HANUMAN TEMPLE, JALAPUR, - 3 - NC: 2025:KHC-D:2118 CRL.P No. 100477 of 2025 C/W CRL.P No. 100478 of 2025 CRL.P No. 100503 of 2025 TQ. RAIBAG, DIST. BELAGAVI-591317. 3. SMT. N.D.PATIL AGE. 45 YEARS, OCC. PADMAVATI AGRO CHEMICALS BORGANV ROAD, SHAMANEWADI, TQ. CHIKODI, DIST. BELAGAVI-590029. …PETITIONERS (BY SRI. AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE, THROUGH ASSISTANT DIRECTOR OF AGRICULTURE CUM FERTILIZER INSPECTOR, ADA OFFICE, JOINT DIRECTOR OF AGRICULTURE BELAGAVI, REPRESENTED BY ADDL SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, EXERCISE INHERENT POWERS U/SEC. 482 OF CR.P.C. EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN CC NO.2166/2024, FOR THE OFFENCES P/U/SEC. 7(i) (A-i) OF ESSENTIAL COMMODITIES ACT 1955 R/W 7 AND 2(W) OF FERTILIZERS (CONTROL) ORDER 1985, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT CHIKKODI, AGAINST THE PETITIONERS/ACCUSED NO.1, 2 AND 3. IN CRL.P. NO.100503 OF 2025: BETWEEN: 1. MAHESH KENCHAREDDI AGE. MAJOR, OCC. MANAGER OF RENEBENNUR TALUKA AGRI PRODUCE CO-OP MARKETING AND PROCESSING SOCIETY, - 4 - NC: 2025:KHC-D:2118 CRL.P No. 100477 of 2025 C/W CRL.P No. 100478 of 2025 CRL.P No. 100503 of 2025 RANEBENNUR-581115. 2. NAGARAJ KARIGAR AGE. MAJOR, OCC. REGIONAL MANAGER OF IFFCO FERTILIZER MANUFACTURING COMPANY, M/S IFFCO, KANDLA, KUTCH, GUJRAT-370001. 3. ASHAL JOUHARI AGE. MAJOR, OCC. DEPUTY MANAGER OF IFFCO NPK AND COMPLIANCE OFFICER, M/S IFFCO, KANDLA, KUTCH, GUJRAT-370001. …PETITIONERS (BY SRI. AVINASH A.UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE, AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, RANEBENNUR, NOW REPRESENTED BY ADDL SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-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), PRAYING TO EXERCISE INHERENT POWERS U/S 482 OF CR.P.C. (528 OF BNSS), EXAMINE THE RECORDS AND QUASH THE TAKING COGNIZANCE IN CC NO.729/2024 DATED 24.04.2024, FOR THE OFFENCES PUNISHABLE U/S 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE II ADDL.SENIOR CIVIL JUDGE AND JMFC COURT AT RANEBENNUR, DIST.HAVERI, AGAINST THE PETITIONERS/ACCUSED NO.1, 2 AND 3. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR - 5 - NC: 2025:KHC-D:2118 CRL.P No. 100477 of 2025 C/W CRL.P No. 100478 of 2025 CRL.P No. 100503 of 2025 ORAL ORDER Since these petitions involve similar issues, they are taken up together, heard, and disposed of by this common order. 2. The petitioners in these petitions challenge the cognizance taken by the learned Magistrate for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, and Clause 19(a) & (b) of the Fertilizer Control Order, 1985. 3. The respondent in these petitions filed a private complaint under Section 200 of the Cr.P.C., stating that upon inspection of the premises, samples of fertilizers manufactured by the company were collected and sent for analysis. The analyst, after examining the samples, submitted a report stating that the subject fertilizer manufactured by the company did not conform to the prescribed specifications. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent/State. 5. The primary contention of the petitioners is that the company that manufactured the subject fertilizers has not been made an accused in the case. Therefore, the petitioners, being dealers and officers of the company, cannot be held vicariously liable under Section 10 of the Essential Commodities Act, 1955. As per Section 2(a) of the Act, 1955, its provisions apply to contraventions of the Fertilizer Control Order, 1985. 6. The petitioners before this Court are dealers and directors of the company, whereas the subject fertilizer, which has been declared to be of substandard quality, was manufactured by the company itself. - 6 - NC: 2025:KHC-D:2118 CRL.P No. 100477 of 2025 C/W CRL.P No. 100478 of 2025 CRL.P No. 100503 of 2025 Since the company has not been made an accused, the officers of the company or the dealers cannot be held guilty in its absence under Section 10 of the Act, 1955. Therefore, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, the petitions are allowed. 7. The impugned proceedings in CC No.982/2024, on the file of the learned Civil Judge and JMFC, Koppal; in CC No.2166/2024 on the file of Principal Civil Judge and JMFC, Chikkodi; and in CC No.729/2024 on the file of the learned Senior Civil Judge and JMFC, Ranebennur, insofar as these petitioners are concerned, are hereby quashed. Pending applications, if any, are disposed of as not surviving for consideration. JTR Ct:vh List No.: 1 Sl No.: 18 Sd/- (HEMANT CHANDANGOUDAR) JUDGE