- 1 - HC-KAR NC: 2025:KHC-D:7573 CRL.P No. 102134 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.102134 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: SHRI A. SHIVASHANKAR, C.E.O, TALUKA AGRICULTURAL PRODUCE MARKETING COMMITTEE, BYADAGI, AGE: 58 YEARS, MARKETING COMPLEX, BYADAGI-581106. …PETITIONER (BY SHRI M. J. PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH AGRICULTURAL OFFICER AND INSECTICIDES INSPECTOR, BYADAGI-581106, R/BY. S. P. P. HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (528 OF BNSS), SEEKING TO THE COMPLAINT AND CHARGE SHEET SUBMITTED IN C.C NO.331/2019 BEFORE THE COURT OF CIVIL JUDGE JR.DIVN. AND J.M.F.C, BYADAGI, AGAINST THE PETITIONER/ACCUSED NO.2 OF THE OFFENCE UNDER CLAUSE OF THE 19 OF THE FERTILIZER CONTROL ORDER 1985 R/W. SECTION 7 OF THE ESSENTIAL COMMODITIES ACT 1955 BE QUASHED 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:7573 CRL.P No. 102134 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri M.J.Peerzade, learned counsel for the petitioner and Smt.Kirtilata Patil, learned High Court Government Pleader for respondent – State. 2. The petitioner is filed this petition under Section 482 of Cr.P.C., to quash the complaint and charge sheet in C.C.No.331/2019/2023 pending on the file of the Civil Judge (Jr.Dn.) & JMFC, Byadagi for the offence under clause 19 of the Fertilizer (Control) Order 1985 read with Section 7 of the Essential Commodities Act, 1955 (“EC At” for short). 3. A private complaint was filed under Section 200 of the Code of Criminal Procedure, 1973 against the petitioner by the respondent for the offence punishable under Section 7 of the Essential Commodities Act, 1955 (“EC Act” for short) alleging that the fertilizer manufactured by Zuari Agro Chemical Limited, Goa was of substandard quality. 4. The learned Magistrate after perusal of the complaint, took cognizance of the aforesaid offence and issued - 3 - HC-KAR NC: 2025:KHC-D:7573 CRL.P No. 102134 of 2025 summons against the petitioner. Taking exception to the same, the petitioner – accused No.2 is before this Court. 5. Learned counsel appearing for the petitioner submits that, the complaint filed by the respondent is without arraying the company as an accused is not maintainable, since the petitioner – accused No.2 is the C.E.O of the Taluka Agricultural Produce Marketing Committee, Byadagi (“TAPMC” for short). The criminal proceedings initiated against accused No.1, who is manager of the Company were quashed by the Co-ordinate Bench of this Court in Crl.P.No.103425/2022 and therefore the case against accused No.1 and so also against accused No.2 stands on same footing. Further, the respondent has not made the Company as accused in the complaint. Since the petitioner is the CEO of the TAPMC, cannot be held vicariously held guilty of the aforesaid offence as specified under Section 10 of EC Act. 6. On the other hand, learned High Court Government Pleader appearing for the respondent – State submits that, the petitioner – accused No.2, who is the CEO of TAPMC is responsible for maintaining the quality of the fertilizer - 4 - HC-KAR NC: 2025:KHC-D:7573 CRL.P No. 102134 of 2025 manufactured by the company and as such, learned Magistrate has rightly taken cognizance of the aforesaid offence and the same does not warrant any interference. 7. I have examined the submissions made by the learned counsel for the parties and perused the material available on record. 8. Section 2(a) of the Fertilizer (Control) Order, 1985 specifies that "Act" means the Essential Commodities Act, 1955. Section 10 of the Essential Commodities Act, 1955 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 arrayed as an accused. 9. In the instant case, the Company having not been arrayed as an accused, the petitioner cannot be held - 5 - HC-KAR NC: 2025:KHC-D:7573 CRL.P No. 102134 of 2025 vicariously guilty of the aforesaid offences as specified under Section 10 of the Essential Commodities Act, 1955. Accordingly, I pass the following: ORDER (i) The criminal petition is hereby allowed. (ii) The impugned proceedings initiated against petitioner – accused No.2 in C.C.No.331/2019 pending on the file of learned Civil Judge (Jr.Dn) and JMFC, Byadgi, Haveri District, insofar it relates to the petitioner - accused No.2 is hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 37