- 1 - HC-KAR NC: 2025:KHC-D:8878 CRL.P No. 102846 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 102846 OF 2024 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SHRI SHIVAPRASAD, AGE: 52 YEARS, DEPUTY GENERAL MANAGER, PRODUCTION MANGALORE CHEMICALS AND FERTILIZERS LTD, PANAMBUR, MANGAORE-575010. …PETITIONER (BY SHRI M. J. PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY. RAVINDRA TULASIGERI, FERTILIZER INSPECTOR CUM AGRICULTURE OFFICER, RAIT SAMPARK KENDRA, SAVALAGI, R/BY. S.P.P. HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C, SEEKING TO QUASH THE COMPLAINT AND PROCEEDINGS IN C.C.NO.2527/2021 PENDING BEFORE THE PRL. CIVIL JUDGE AND J.M.F.C. COURT, JAMKHANDI INITIATED AGAINST THE PETITIONER/ ACCUSED NO.3 OF THE OFFENCE PUNISHABLE UNDER SECTION 19 OF FERTILIZER (CONTROL) ORDER 1985 READ WITH SECTION 3 & 7(2) OF THE ESSENTIAL COMMODITIES ACT, 1955, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:8878 CRL.P No. 102846 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Shri M.J.Peerjade, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent – State. 2 This petition is filed under Section 482 of Cr.P.C., (Section 528 of BNSS, 2023) by the petitioner/accused No.3 praying to quash the complaint and entire proceedings in CC.No.2527/2021 pending on the file of learned Principal Civil Judge and JMFC Court, Jamkhandi for the offences punishable under Sections 19 of the Fertilizer (Control) Order 1985 read with Section 3 and 7(2) of the Essential Commodities Act, 1955 (“E.C. Act” for short). 3 A private complaint was filed under Section 200 of the Code of Criminal Procedure, 1973 (“Cr.P.C.” for short) against the petitioner and two others for the offences punishable under Section 19 of Fertilizer (Control) Order, 1985 read with Section 3 and 7(2) of E.C. Act alleging that - 3 - HC-KAR NC: 2025:KHC-D:8878 CRL.P No. 102846 of 2024 the fertilizer manufactured by M/s Spurthi Agri Clinic & Business Centre, Hirepadasalagi was sub-standard in quality. 4 The learned Magistrate after perusal of the complaint, took cognizance of the aforesaid offences and issued summons against the petitioner. Taking exception to the same, the petitioner – accused No.3 is before this Court. 5 Learned counsel for the petitioner submits that, the complaint filed by the respondent without arraigning company as an accused, is not maintainable. Further the respondent has not made the company as accused in the complaint. Since the petitioner is the Deputy General Manager of the Company, he cannot be held vicariously liable for guilty of the aforesaid offences as specified under Section 10 of E.C.Act. 6 On the other hand, learned High Court Government Pleader appearing for respondent – State submitted that, the petitioner – accused No.3, who is the Deputy General Manager, is responsible for maintaining the - 4 - HC-KAR NC: 2025:KHC-D:8878 CRL.P No. 102846 of 2024 quality of the fertilizer manufactured by the Company and as such, learned Magistrate has rightly taken cognizance of the aforesaid offences and the same does not warrant any interference. 7 I have examined the submission made by learned counsel for the parties and perused the material available on record. 8 Section 2(a) of the Fertilizer (Control) Order, 1985, specifies that the "Act" means the Essential Commodities Act, 1955. Section 10 of the E.C.Act specifies that, If the person contravening an order made under Section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. Hence, to hold the officer of the company vicariously guilty, the company should be arraigned as an accused. - 5 - HC-KAR NC: 2025:KHC-D:8878 CRL.P No. 102846 of 2024 9 In the instant case, the company has not been arraigned as an accused, the petitioner/accused No.3 who is the Deputy General Manager of the company cannot be held vicariously guilty of the aforesaid offences as specified under Section 10 of the E.C.Act. Hence continuation of proceedings against the petitioner would be a futile exercise and amounts to abuse of process of law. Accordingly, this Court proceed to pass the following order. ORDER (i) The criminal petition is hereby allowed. (ii) The impugned proceedings in C.C.No.2527/ 2021 pending on the file of learned Principal Civil Judge and JMFC, Jamkhandi, insofar as it relates to petitioner – accused No.3 is concerned is hereby quashed. However, liberty is granted as sought for. In view of the disposal of the petition, pending applications, if any, do not survive for consideration and accordingly, the same are disposed of Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 2 Sl No.: 16