- 1 - HC-KAR NC: 2025:KHC-D:7574 CRL.P No. 102133 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. 102133 OF 2025 (482 OF Cr.PC/528 OF BNSS) BETWEEN: DWARAMPUDI VENKATKRISHNA REDDY, AGE: 31 YEARS, OCC: PRODUCTION IN-CHARGE, KPR AGRO CHEM LTD, S.NO.108 AND 109, HALAVARTHI, TQ. AND DIST. KOPPAL 583228 …PETITIONER (BY SHRI S. B. MALLIGAWAD, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY FERTILIZER INSPECTOR, SALAVATAGI, JAMKHANDI-587330, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATKA, DHARWAD. …RESPONDENT (BY SHRI JAIRAM SIDDI, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE ORDER DATED 26.10.2024 IN C.C.NO.3787/ PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, JAMAKHANDI 2024 FOR THE OFFENCES UNDER SECTION 7(1)A (I AND II) OF ESSENTIAL COMMODITIES ACT AND QUASH THE PROCEEDINGS AGAINST THE ACCUSED NO.3 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:7574 CRL.P No. 102133 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 26.01.2024 and proceedings initiated against petitioner – accused No.3 in C.C.No.3787/2024 pending on the file of learned Principal Civil Judge and JMFC, Jamakhandi for the offences under Section 7(1)(a) (I & ii) of Essential Commodities Act, 1955 (“EC Act” for short). 3. A private complaint was filed under Section 200 of the Code of Criminal Procedure, 1973 by the respondent for the offence punishable under Section 7 (i) a (i & ii) of EC Act alleging that the fertilizer manufactured by KPR Agro Chem Ltd., 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:7574 CRL.P No. 102133 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 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 the 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:7574 CRL.P No. 102133 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.3787/2024 pending on the file of learned Principal Civil Judge and JMFC, Gangavati, initiated against the petitioner - accused No.2 are hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE EM /CT-AN List No.: 1 Sl No.: 36