- 1 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14113 OF 2024 C/W CRIMINAL PETITION NO. 13838 OF 2024 CRIMINAL PETITION NO. 14138 OF 2024 CRIMINAL PETITION NO. 14469 OF 2024 CRIMINAL PETITION NO. 228 OF 2025 IN CRL.P No. 14113/2024 BETWEEN: THE MANAGER M/S PRABHATH AGRI BIOTECH LTD., AND ANOTHER SRI MARALU SIDAPPA NILAYA 2271. 7TH MAIN ROAD, DAVANGERE - 577 004. …PETITIONER (BY SRI. MUSHTAK AHAMED.M.,ADVOCATE) AND: STATE OF KARNATAKA R/BY ITS SPP AND AGRICULTURAL OFFICER / SEED INSPECTOR DAVANAGERE. …RESPONDENT (BY SRI.M R PATIL., HCGP) Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF TAKING UNJUSTIFIED COGNIZANCE DATED 08.09.2021 IN C.C.NO. 1299/2021 PENDING ON THE FILE OF THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE, CONSEQUENTLY TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AND DISMISS THE COMPLAINT REGISTERED IN C.C. NO: 1299/2021 THEREOF. IN CRL.P NO. 13838/2024 BETWEEN: THE MANAGER M/S PRABHATH AGRI BIOTECH LTD., SRI MARALUSIDAPPA NILAYA 227, 7TH MAIN ROAD, DAVANAGERE - 577 004. ...PETITIONER (BY SRI. MUSHTAK AHAMED M.,ADVOCATE) AND: STATE OF KARNATAKA R/BY ITS SPP AND AGRICULTURE OFFICER/ SEED INSPECTOR DAVANAGERE. ...RESPONDENT (BY SRI.M R PATIL., HCGP) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF TAKING UNJUSTIFIED COGNIZANCE DATED 08.09.2021 IN C.C.NO.1300/2021 PENDING ON THE FILE OF THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE, CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED AND DISMISS THE COMPLIANT REGISTERED IN - 3 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 C.C.NO.1300/2021 THEREOF AND FOR PASSING SUCH OTHER RELIEFS. IN CRL.P NO. 14138/2024 BETWEEN: SRI. RAMESH N JOGI S/O NEELAPPA, AGED ABOUT 51 YEARS ASSOCIATE GENERAL MANAGER, M/S KAVERI SEED COMPANY LIMITED NO 99/3A, 9 AND 10, DOGGALLI COMPOUND, K.R. ROAD, DAVANGERE DISTRICT. ...PETITIONER (BY SRI. MUSHTAK AHAMED M.,ADVOCATE) AND: STATE OF KARNATAKA R/BY ITS GOVT. PLEADER AGRICULTURAL OFFICER AND SEED INSPECTOR DAVANAGERE. ...RESPONDENT (BY SRI.M R PATIL., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF TAKING COGNIZANCE DATED 08.11.2019 IN C.C.NO.1044/2019 ON THE FILE OF THE HONBLE IV CIVIL JUDGE AND JMFC COURT, DAVANAGERE CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS AND DISMISS THE COMPLAINT REGISTERED IN C.C. NO: 1044/2019 THEREOF. IN CRL.P NO. 14469/2024 - 4 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 BETWEEN: THE MANAGER M/S. PRABHATH AGRI BIOTECH LTD., & ANOTHER SRI. MARALUSIDAPPA NILAYA, NO. 227, 17TH MAIN ROAD, DAVANAGERE-577 004. ...PETITIONER (BY SRI. MUSHTAK AHAMED M., ADVOCATE) AND: STATE OF KARNATAKA REPRESENTED BY ITS SPP AND AGRICULTURE OFFICER/ SEED INSPECTOR, DAVANAGERE. ...RESPONDENT (BY SRI.M R PATIL.,HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF TAKING UNJUSTIFIED COGNIZANCE DATED 08.09.2021 IN C.C.NO.1301/2021 PENDING ON THE FILE OF THE LEARNED IV ADDL. CIVIL JUDGE AND JMFC COURT, DAVANAGERE, CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS AND DISMISS THE COMPLAINT REGISTERED IN C.C. NO: 1301/2021 THEREOF. IN CRL.P NO. 228/2025 BETWEEN: 1. SRI VASUDEV B N S/O. NAGARAJAPPA S. AGED ABOUT 29 YEARS, TERRITORY SALES LEAD, M/S. KAVERI SEED COMPANY LIMITED C/O VENKATESHWAR AGRO AGENCIES - 5 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 NO.1214/56, APMC YARD, 'A' BLOCK, DAVANAGERE-577 002. 2. SRI.PRAKASH H.B S/O BASAVARAJAPPA H.S AGED ABOUT 48 YEARS NO.219/11 B, NARASARAJA ROAD DAVANAGERE - 577 001. ...PETITIONERS (BY SRI. MUSHTAK AHAMED M.,ADVOCATE) AND: STATE OF KARNATAKA R/BY ITS GOVT. PLEADER AGRICULTURAL OFFICER (TECH-3) & SEED INSPECTOR, O/O JDA DAVANAGERE- 577 002. ...RESPONDENT (BY SRI.M R PATIL., HCGP) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER OF TAKING COGNIZANCE DATE 16.11.2022 IN C.C. NO.7159/2022 PENDING ON THE FILE OFTHE LEARNED I ADDITIONAL CIVIL JUDGE AND JMFC COURT, AT DAVANAGERE, CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS AND DISMISS THE COMPLAINT REGISTERED IN C.C. NO: 7159/2022 THEREOF. - 6 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The issue involved in these petitions is common; therefore, the petitions are disposed of by this common order. 2. The petitioners challenge the cognizance taken for the offence punishable under Section 19 of the Seeds Act, 1966. 3. The respondent (common to all these petitions) has filed a private complaint under Section 200 of the Cr.P.C., alleging that during an inspection of the premises of M/s. Prabhath Agro Biotech Ltd. (in Criminal Petition Nos. 14113, 13838, and 14469 of 2024), Kaveri Seed Company Ltd., Venkateshwara Agro Agency, and Prashanth Agro Fertilizers (in Criminal Petition No. 14138/2024), and Venkateshwara Agro Agency and Sri Siddeshwara Agro Agency (in Criminal Petition No. 228/2025), of which the petitioners are the Managers, samples of seeds stocked in the premises were drawn and sent to a seed analyst for testing. The analyst submitted a report stating that the seeds manufactured—of which the accused are alleged to be the retailers and the manufacturers as per the complainant—were sub-standard and did not conform to the prescribed specifications. - 7 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 4. Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the respondent– State. 5. Section 21 of the Seeds Act, 1966, addresses offences committed by companies. It states that if a company commits an offence, every person who, at the time the offence was committed, was in charge of and responsible to the company for the conduct of its business, as well as the company itself, shall be deemed to be guilty of the offence. 6. In the present case, the accused are Managers of the respective companies and were not involved in the manufacturing process nor in the day-to-day affairs of the companies. Since the companies themselves have not been arrayed as accused, the petitioners cannot be held vicariously liable under Section 21 of the Seeds Act, 1966. 7. Therefore, the complaint filed by the respondent, without impleading the companies as accused, is not maintainable. Consequently, the cognizance taken by the learned Magistrate is vitiated. The continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal Petitions are allowed. - 8 - NC: 2025:KHC:11926 CRL.P No. 14113 of 2024 C/W CRL.P Nos.13838/2024,14138/2024 14469/2024 & 228/2025 ii) The impugned proceedings in C.C.Nos.1299/2021, 1300/2021, 1044/2019, 1301/2021 and 7159/2022, on the file of the learned IV Additional Civil Judge and J.M.F.C., Davanagere, insofar it relates to the petitioners herein stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BK: List No.: 2 Sl No.: 1