- 1 - HC-KAR NC: 2025:KHC-D:10660 CRL.P No. 100315 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 100315 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. DEEKSHA PATIL, AGE. 35 YEARS, OCC. RETAIL STORE MANAGER, KORAMANDAL INTERNATIONAL LIMITED, NAMMA GROMAR KENDRA, ANKALI, ANKALI-591 213, TQ. CHIKKODI, DIST. BELAGAVI. 2. SHRI VIVEK S/O. BABANNA HOOLI, AGE. 36 YEARS, OCC. FIELD MANAGER, KORAMANDAL INTERNATIONAL LIMITED, NAMMA GROMAR KENDRA, R/O. 134/1, YARAGATTI ROAD, GOKAK-591 307, TQ. GOKAK, DIST. BELAGAVI-591 307. …PETITIONERS (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA, R/BY ITS STATE PUBLIC PROSECUTOR, THROUGH THE SEED INSPECTOR AND RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10660 CRL.P No. 100315 of 2025 AGRICULTURE OFFICER, RAIT SAMPRAK KENDRA CHIKKODI, GOVERNMENT OF KARNATAKA, DEPARTMENT OF AGRICULTURE, BELAGAVI, HIGH COURT OF KARNATAKA, DHARWAD-580 011. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE IMPUGNED PRIVATE COMPLAINT DATED 08.08.2024 AS PER ANNEXURE-A AND THE ORDER OF TAKING COGNIZANCE AND ISSUANCE OF SUMMONS DATED 25.09.2024 FOR THE OFFENCES PUNISHABLE UNDER SECTION 7(1) (A) (I) OF ESSENTIAL COMMODITIES ACT 1955 R/W UNDER RULE 7 OF FERTILIZER CONTROL 1985 PASSED IN C.C. NO.2658/2024 AS PER ANNEXURE-B AND ENTIRE PROCEEDINGS PURSUANT THERETO, PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND J.M.F.C., CHIKKODI, BELAGAVI DISTRICT, IN SO FAR AS PETITIONERS NO.1 AND 2/ACCUSED NO.1 AND 2, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10660 CRL.P No. 100315 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioners herein are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.2658/2024 pending before the Principal Civil Judge and JMFC, Chokodi in Crime No.87/2024 registered for the offences punishable under sections 7(1)(a)(i) of Essential Commodities Act 1955 r/w under Rule 7 of Fertilizer (Control) Order 1985. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that impugned proceedings is vitiated since the company is not arraigned as accused before the trial Court. The petitioners are working as Retail Store Manager and Area Manager of the Company which has manufactured the products. There is no compliance of Section 10 of the Essential Commodities Act in the present case. Accordingly, he prays to allow the petition. 4. Per contra, learned HCGP who has opposed the petition, does not dispute the submission made by the learned counsel for the petitioners. - 4 - HC-KAR NC: 2025:KHC-D:10660 CRL.P No. 100315 of 2025 5. Section 10 of Essential Commodities Act read as follows: “10. Offences by companies.―(1) 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: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub- section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. “ - 5 - HC-KAR NC: 2025:KHC-D:10660 CRL.P No. 100315 of 2025 6. Petitioners are working as Retail Store Manager and Area Manager of the Company known as Koramandal International Limited, which allegedly has manufactured the substandard fertilizer in question. Petitioners are being vicariously held liable for the act committed by the Company. In the absence of the Company being arraigned as a party to the impugned proceedings, the petitioners who are the employees of the company cannot be prosecuted. 7. Under the circumstances, I am of the opinion that it is a fit case where this Court needs to exercise its powers under Section 482 of Cr.P.C. in order to secure the ends of justice. Accordingly, the following: ORDER Criminal Petition is allowed. The entire proceedings in CC No.2658/2024 pending before the Principal Civil Judge and JMFC, Chokodi in Crime No.87/2024 registered for the offences punishable under sections 7(1)(a)(i) of Essential Commodities Act 1955 r/w under - 6 - HC-KAR NC: 2025:KHC-D:10660 CRL.P No. 100315 of 2025 Rule 7 of Fertilizer (Control) Order 1985 is hereby quashed against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 52