- 1 - NC: 2025:KHC-K:1303 CRL.P No. 200260 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.200260 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SHIVANAND @ SHIVARAJ METI S/O AYYAN METI, AGE:30 YEARS, OCC: PROPRIETOR OF SUREKHA AGRO, TRADERS KODEKAL, TQ. HUNASAGI, DIST. YADGIR-585237, R/O. KODEKAL, TQ. HUNASAGI, DIST. YADGIRI-585237. …PETITIONER (BY SRI AVINASH A. UPLAONKAR AND SRI RAVI K. ANOOR, ADVOCATES) AND: THE STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE, ASSISTANT AGRICULTURE OFFICER, RAITA SAMPARKA KENDRA KODEKAL, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-560001. …RESPONDENT (BY SRI VEERANAGOUDA MALIPATIL, HCGP) THIS CRL.P IS FILED U/S 528 OF BNSS PRAYING TO EXERCISE INHERENT POWERS U/SEC. 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN CC NO. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:1303 CRL.P No. 200260 of 2025 661/2024, FOR THE OFFENCE U/SEC. 3 AND 4 OF ESSENTIAL COMMODITIES ACT, 1955 FOR THE VIOLATION OF ORDER 19(A) AND (B) OF FERTILIZER CONTROL ORDER 1985, PENDING BEFORE THE ADDL. CIVIL JUDGE AND JMFC COURT AT SHORAPUR, AGAINST THE PETITIONER/ACCUSED NO.2. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) The petitioner/accused No.2 is before this Court under Section 528 of BNSS, 2023 with a prayer to quash the entire proceedings in C.C.No.661/2024, pending before the *Addl. Civil Judge and JMFC Court at Shorapur for the offences punishable under Sections 3 and 4 of Essential Commodities Act, 1955 for violation of Order 19(A) and (B) of Fertilizer Control Order, 1985. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that the petitioner is a dealer and he was found to have exhibited the product of the company known as *Corrected vide Court Order dated 08.05.2025. - 3 - NC: 2025:KHC-K:1303 CRL.P No. 200260 of 2025 Bhimakrishna Chemical and Fertilizers Private Limited, Kalaburagi for sale and the said product is said to be of substandard quality. He submits that the petitioner who is undisputedly the owner of a retail shop from where the product of the company was seized cannot be prosecuted for the alleged offences and in support of his submissions, he has placed reliance on the order passed by this Court in the case of Devanand and Another vs. State of Karnataka in Criminal Petition No.200937/2024. 4. Learned High Court Government Pleader who has opposed the prayer made in the petition does not dispute the submission made by learned counsel for the petitioner. 5. Private complaint in the present case is filed alleging that the product of a company known as Southern Petrochemicals Industries Corporation Limited, which was of substandard quality was seized from the retail shop of the petitioner herein and it is in this background, complaint was filed as against the company as well as the - 4 - NC: 2025:KHC-K:1303 CRL.P No. 200260 of 2025 petitioner, who is the owner of the retail shop where the product of the company was kept for sale. The question whether the owner of a retail shop or showroom, who has kept the disputed product of a company for sale or exhibition in the retail shop/ showroom can be prosecuted for the offences punishable under the provisions of the Insecticides Act, 1968 has been considered by this Court in the case of Devanand (supra), disposed off on 01.02.2025 and this Court has answered the said question negatively. 6. It is also found that the company is also not made as a party to the impugned criminal proceedings, which is the requirement of Section 10 of the Essential Commodities Act, 1955. Therefore, the impugned criminal proceedings is bad even for non compliance of requirement of Section 10 of the Essential Commodities Act, 195. - 5 - NC: 2025:KHC-K:1303 CRL.P No. 200260 of 2025 7. Under the circumstances, I am of the opinion that impugned criminal proceedings as against the petitioner cannot be continued. Accordingly, following: ORDER The criminal petition is allowed. The entire proceedings in C.C.No.661/2024, pending before the *Addl. Civil Judge and JMFC Court at Shorapur for the offences punishable under Sections 3 and 4 of Essential Commodities Act, 1955 for violation of Order 19(A) and (B) of Fertilizer Control Order, 1985, as against the petitioner/accused No.2 stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 54 CT:PK *Corrected vide Court Order dated 08.05.2025.