- 1 - HC-KAR NC: 2025:KHC-D:9726 CRL.P No. 102902 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 102902 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: HAJARAT ALI S/O. BASHUSAB OLEKAR, AGE: 28 YEARS, OCC: KIRANI SHOP BUSINESS, R/O: MADAPUR, TQ: SAVANUR, DIST: HAVERI, PIN-581 118. … PETITIONER (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY SAVANUR P.S., TQ: SAVANUR, DIST: HAVERI, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. VIJAYKUMAR S/O. BASAVRAJ PATTAR, AGE: 25 YEARS, OCC: GOVT. OFFICIAL NON-GAZETTED, R/O: SAVANUR TEM OFFICE, TQ: SAVANUR, DIST: HAVERI, PIN-581 118. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE IMPUGNED COMPLAINT, FIR REGISTERED IN SAVANUR PS CRIME NO.159/2020, THE CHARGE SHEET AND ALL CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONER/ACCUSED, PENDING BEFORE THE CIVIL JUDGE AND JMFC COURT, SHIGGAON, IN C.C. NO.958/2023 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955, IN THE INTEREST OF JUSTICE AND EQUITY. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9726 CRL.P No. 102902 of 2025 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused No.1 in C.C.No.958/2023 pending before the Court of Civil Judge and JMFC, Shiggaon, Haveri district arising out of Crime No.159/2020 registered by Savanoor Police Station, Haveri district for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955 is before this Court under Section 482 of Cr.P.C. with a prayer to quash the aforesaid proceedings against him 2. Heard learned counsel for the parties. 3. FIR in Crime No.159/2020 was registered by Savanoor Police Station, Haveri district for the aforesaid offences against the petitioner based on the first information dated 14.09.2020 received from Vijaykumar Basavaraj Pattar, Food Inspector attached to the Office of the Tahasildar, Savanoor, Byadagi taluk. After completing investigation in the case, charge sheet has been filed - 3 - HC-KAR NC: 2025:KHC-D:9726 CRL.P No. 102902 of 2025 against the petitioner for the aforesaid offences and the petitioner is being tried for the alleged offences before the Jurisdictional Court of Magistrate in C.C.No.958/2023. Assailing the aforesaid proceedings, petitioner is before this Court. 4. Learned counsel for the petitioner reiterating the grounds urged in the petition submits that the prosecution has not secured the certificate from the Forensic Science Laboratory to show that rice seized in the present case was meant for the purpose of public distribution. Therefore, the impugned proceedings cannot be continued against the petitioner. 5. Per contra, learned HCGP has opposed the petition and has prayed to dismiss the petition. 6. In the first information as well as in the charge sheet, it is alleged that the petitioner had stocked 34 plastic bags of rice of 50 kgs each in his house and on enquiry it was learnt that the said rice was meant for the purpose of public distribution and the same was illegally - 4 - HC-KAR NC: 2025:KHC-D:9726 CRL.P No. 102902 of 2025 stocked by the petitioner in his house with an intention to make unlawful gain. The prosecution has cited 8 charge sheet witnesses in the present case and the material available on record would go to show that the trial in the case has already commenced and CW1 and CW4 are examined as PW1 and PW2 before the trial Court. 7. Thought a contention has been raised before this Court that the prosecution has failed to secure the certificate from the Forensic Science Laboratory to show that the seized rice was meant for public distribution, learned counsel for the petitioner has failed to point out any statutory provision which mandates such requirement. Charge sheet material makes out prima facie case against the petitioner for the alleged offences and this Court in exercise of its power under Section 482 of Cr.P.C. cannot conduct an enquiry or a mini trial at this stage. Trial has already been commenced in the present case and out of the 8 witnesses in the present case, 2 witnesses have already been examined and therefore, I am of the opinion - 5 - HC-KAR NC: 2025:KHC-D:9726 CRL.P No. 102902 of 2025 that this is not a fit case where this Court is required to exercise its inherent power under Section 482 of Cr.P.C. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The trial Court is requested to expedite trial and dispose of the case on merits at the earliest. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK / CT:BCK LIST NO.: 1 SL NO.: 73