- 1 - NC: 2025:KHC-D:1378 WP No. 104748 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR WRIT PETITION NO.104748 OF 2024 (GM-RES) BETWEEN: BHARATESH AGRO AGENCY BY ITS PROPRIETOR, BHARATESH T. ROTTI, AGE. 31 YEARS, OCC. BUSINESS, AT. POST. CHIKKODI ROAD, KABBUR, TQ. CHIKKODI, DIST. BELGAUM. …PETITIONER (BY SRI. SRINIVAS B. NAIK, ADVOCATE) AND: THE STATE OF KARNATAKA REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD, THROUGH AGRICULTURAL OFFICER CUM FERTILIZER INSPECTOR, RAITHA SAMPARKA KENDRA, NAGARMUNOLLI, DIST. BELGAUM-591222. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING THIS HON’BLE COURT TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN CC NO.118/2018, VIDE ANNEXURE-B ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, CHIKODI, FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 AND 7 ESSENTIAL COMMODITIES ACT, IN THE ENDS OF JUSTICE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.27 16:35:19 +0530 - 2 - NC: 2025:KHC-D:1378 WP No. 104748 of 2024 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner/accused No.1 is before this Court challenging cognizance taken for the offences punishable under Section 3 & 7 of the Essential Commodities Act, 1955. 2. The second respondent lodged a private complaint under Section 200 of the Code of Criminal Procedure alleging that sample fertilizer which was drawn from the shop of accused No.1 was sent to the Forensic Science Laboratory for analysis and the FSL submitted a report stating that the subject fertilizer is not as per the specification. 3. The petitioner/accused No.1 is the distributor of the subject fertilizer which was manufactured by Rohini Micronutrient Industries, a Company registered under the provisions of the Companies Act, 1956. 4. Accused No.2, who is working as a Technician of the aforesaid company which manufactured the subject fertilizer, had approached this Court in Crl.P. No.100343/2019 seeking to quash the very same criminal proceedings impugned in the present petition, and this Court, vide order dated 13.06.2022 quashed the proceedings insofar as it related to accused No.2 stating that the company having not been arraigned as an accused, accused No.2 cannot be held vicariously guilty as stated under Section 10 of the Essential Commodities Act. Therefore, the present petition also - 3 - NC: 2025:KHC-D:1378 WP No. 104748 of 2024 deserves to be disposed of in terms of the order passed in the aforesaid petition. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.118/2018 pending on the file of the Principal Civil Judge & JMFC, Chikodi, insofar as it relates to petitioner/accused No.1, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 11