- 1 - HC-KAR NC: 2025:KHC-D:7575 CRL.P No. 102130 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. 102130 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: DWARAMPUDI VENKATA KRISHNA REDDY, AGE: 31 YEARS, OCC: PRODUCTION IN-CHARGE, KPR CROP SCIENCES PVT. LTD. SIDDAPUR, TQ. AND DIST. KOPPAL-583282. …PETITIONER (BY SHRI S. B. MALLIGAWAD, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY SHRI MARUTHI, AGRICULTURE OFFICER, RAITA SAMPARKA KENDRA, SIDDAPUR, TQ. KARATAGI, KOPPAL-583282, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASH THE ORDER DATED 28.11.2024 IN C.C NO.218/2025 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, GANGAVATHI FOR THE OFFENCES UNDER SECTION 7(1) (a) (ii) OF ESSENTIALS COMMODITIES ACT, AND QUASH TH PROCEEDINGS AGAINST THE ACCUSED NO.1 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:7575 CRL.P No. 102130 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent – State. 2. This petition is filed under Section 482 of Cr.P.C., to quash the order dated 28.11.2024 and proceedings initiated against petitioner herein in C.C.No.218/2025 pending on the file of learned Principal Civil Judge and JMFC, Gangavati for the offence under Section 7(1)(a) (ii) of Essential Commodities Act, 1955 (“EC At” for short). 3. A private complaint was filed under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS” for short) (Section 200 of the Code of Criminal Procedure, 1973) by the respondent for the offence punishable under Section 7 of EC Act alleging that the fertilizer manufactured by KPR Crops Science Private Limited was of substandard quality. The learned Magistrate after perusal of the complaint, took cognizance of the aforesaid offence and issued summons against the petitioner. Taking exception to the same, the petitioner is before this Court. - 3 - HC-KAR NC: 2025:KHC-D:7575 CRL.P No. 102130 of 2025 4. 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, who is an employee of the Company, cannot be held vicariously guilty of the aforesaid offence as specified under Section 10 of the EC Act. 5. On the other hand, learned High Court Government Pleader appearing for the respondent – State contended that the petitioner who is an employee of the Company is responsible for maintaining the quality of the fertilizer 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. 6. Perused the material available on record. 7. Section 2(a) of the Fertilizer (Control) Order, 1985 specifies that, the “Act” means Essential Commodities Act, 1955. Section 10 of the EC Act specifies that if the person contravening an order made under Section 3, is a Company, every person who, at the time of contravention was committed, was in charge of, and was responsible to the Company for the - 4 - HC-KAR NC: 2025:KHC-D:7575 CRL.P No. 102130 of 2025 conduct of business of the Company as well as the Company, shall be deemed to be guilty of the contravention shall be liable to be proceeded against him and punished accordingly. Hence, to hold the employee of the Company vicariously guilty, the Company should be arraigned as an accused. 8. In the instant case, the Company having not been arraigned as an accused, the petitioner being an employee of the Company cannot be held vicarious guilty of the aforesaid offence as specified under Section 10 of the EC Act. Accordingly, the Court proceed to pass the following: ORDER (i) The criminal petition is hereby allowed. (ii) The impugned proceedings in C.C.No.218/2025 pending on the file of learned Principal Civil Judge and JMFC, Gangavati, initiated against the petitioner - accused are hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 35