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2025 DAILYLAW 48271 (KAR)

SHARANABASAVANGOUDA PATIL v. THE STATE OF KARNATAKA

CRL.P/100501/2025 · 2025-03-14

N S Sanjay Gowda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC-D:4795 CRL.P No. 100501 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 14TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA CRIMINAL PETITION NO. 100501 OF 2025 BETWEEN: 1. SHARANABASAVANGOUDA PATIL AGE. 50 YEARS, OCC. OWNER OF ARUN TRADERS R/O. APMC KOPPAL, TQ. AND DIST. KOPPAL-583231 …PETITIONER (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH B SHEKARAPPA ASSISTANT DIRECTOR OF FERTILIZER INSPECTOR CUM ASSISTANT AGRICULTURE, KOPPAL, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH AT DHARWAD …RESPONDENT (BY SRI. ASHOK KATTIMANI., AGA) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THIS PETITION AND QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.654/2023 ARISING OUT OF PCR NO.486/2021 PENDING ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, KOPPAL FOR THE OFFENCE PUNISHABLE UNDER SECTION 7 OF ESSENTIAL COMMODITIES ACT 1955, IN SO FAR AS PETITIONER/ACCUSED NO.2 IS CONCERNED. Digitally signed by KIRAN KUMAR R Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:4795 CRL.P No. 100501 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE N.S.SANJAY GOWDA ORAL ORDER 1. This petition is filed to quash the entire criminal proceedings in C.C. No.654/2023. 2. This Court noticing that a Co-ordinate Bench of this Court in Crl.P. No.100082/2024 had held that cognizance of the offence could not be taken unless the Company was arraigned as accused and accordingly quashed the proceedings initiated against the first accused. The petitioner herein is second accused. 3. In my view, the reasoning read in Crl.P. No.100082/2024 would also equally apply to this petition. Consequently, the petition is allowed. The entire criminal proceedings is quashed. - 3 - NC: 2025:KHC-D:4795 CRL.P No. 100501 of 2025 4. In view of the disposal of the petition, all pending interlocutory applications, if any, stand disposed of. Sd/- (N.S.SANJAY GOWDA) JUDGE hnm List No.: 19 Sl No.: 7