- 1 - HC-KAR NC: 2025:KHC-K:4278 CRL.P No. 200787 of 2023 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 29TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200787 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: MAHAVEER JAIN S/O. MAHENDRA JAIN AGE. 38 YEARS, OCC. BUSINESS, R/O. F.NO.39, LAXMI NAGAR COLONY, PICKET AOC GATE, SECUNDRABAD, ANDHRA PRADESH. ...PETITIONER (BY SRI. AVINASH A.UPLOANKAR, ADVOCATE) AND THE STATE THROUGH YADGIR TOWN POLICE STATION, DIST. YADGIRI, NOW REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH – 585 107. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO, INHERENT POWERS UNDER SECTION 482 CR.P.C. EXAMINE THE RECORDS AND QUASH THE COGNIZANCE DATED 27.12.2022 IN CC NO.18/2019 (CRIME NO.368/2015 OF YADGIRI TOWN POLICE STATION, DIST. YADGIRI) FOR THE OFFENCE UNDER SECTION 420, 467, 120(B), 109 OF IPC AND SECTION 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE SENIOR CIVIL JUDGE AND CJM AT YADGIRI, AGAINST THE PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY. Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:4278 CRL.P No. 200787 of 2023 THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR JUDGMENT ON 26.03.2025 AT KALABURAGI BENCH, COMING ON FOR ‘PRONOUNCEMENT OF ORDER, BEFORE THE PRINCIPAL BENCH AT BENGALURU, THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT MADE THE FOLLOWING: CAV ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) 1. This petition has been filed by the petitioner being aggrieved by the initiative of proceedings in C.C.No.18/2019 for the offences punishable under Section 420, 467, 120 (B), 109 of Indian Penal Code and Sections 3 and 7 of the Essentials Commodities Act, 1955. Factual matrix of the case: 2. It is the case of the complainant that, a complaint was filed by the Sub-Inspector of Moinabad Police Station stating that, the accused Nos.1 to 7 in furtherance of common intention to commit the offences stated supra, committed forgery, cheating and also misappropriated the milk powder which was supposed to be given to the students of the Government School. - 3 - HC-KAR NC: 2025:KHC-K:4278 CRL.P No. 200787 of 2023 3. Based on the complaint, the respondent police registered a case in Crime No.368/2015 for the above said offences. After conducting the investigation, submitted the charge sheet. 4. Heard Sri. Avinash A. Uploankar, learned counsel for the petitioner and Sri. Jamadar Shahabuddin, learned High Court Government Pleader for respondent - State. 5. It is the submission of the learned counsel for the petitioner that the petitioner has been falsely implicated in this case. There is no prima-facie case made out against the petitioner. Moreover, the milk powder alleged to have been seized by the authority has not been proved that it was issued under the Ksheera Bhagya Yojane. 6. It is further submitted that even though the charge-sheet would indicate that the petitioner and others conspired together for the purpose of collecting the milk powder from various schools, anganawadi centers and other areas where the milk powder was being distributed, the fact remains that, the said persons, who are stated to have sold the said milk powder to the petitioner has not - 4 - HC-KAR NC: 2025:KHC-K:4278 CRL.P No. 200787 of 2023 been arrayed as either accused or the witnesses. Therefore, purchasing from the schools, anganawadi Centres cannot be substantiated. Hence, the proceedings against the petitioner under such circumstances would certainly construe as abuse of process of law. Therefore, the proceedings or order of taking cognizance against the petitioner has to be set aside by allowing the petition. 7. Per Contra, the learned High Court Government Pleader vehemently justified the filing of the charge-sheet and he further contended that the milk powder was seized by the complainant along with his staff. The accused was arrested based on the voluntary statement of accused No.2, rest of the accused have been implicated in this case. Prima-facie, it is established that accused Nos.1 to 5 were conspired together to sell the milk powder to Andhra Pradesh by purchasing the said product from various sources by way of inducing the officials to sell the said milk powder to them. Therefore, there is a case to proceed against the petitioner. Hence, it is appropriate to reject the petition. Making such submissions, the learned - 5 - HC-KAR NC: 2025:KHC-K:4278 CRL.P No. 200787 of 2023 High Court Government Pleader prays to reject the petition. 8. Having heard the learned counsel for the respective parties and also perused the averments of the charge- sheet, it appears from the charge-sheet that, the complainant being a Police official had received an information regarding transportation of milk powder which was distributed by the Government to the schools and Anganwadi Centres, under the Ksheera Bhagya Yojane for the purpose of providing nutritional value to the children. The accused No.2 is stated to be the contractor and he used to supply the said milk powder to the respective schools. He was the driver of DCM Vehicle bearing registration No.A.P.-10-W-6437. It was intercepted on 01.10.2015 around 5.00 P.M., when he was going from Surapura to Hyderabad. According to him, the said items were loaded to the lorry or vehicle at the instance of accused Nos.1, 2, 3, 4 and 5. Based on the statement, all the accused including the petitioner have been arrayed as accused in the case. - 6 - HC-KAR NC: 2025:KHC-K:4278 CRL.P No. 200787 of 2023 9. It is needless to say that nothing has been recovered at the instance of the petitioner. He has been implicated under the statement of accused No.2. Nothing has been recovered at the instance of petitioner to demonstrate that he is also involved in the said scam. 10. It is settled principle of law that implicating the accused on the strength of the voluntary statement of the co-accused, is impermissible when there is no recovery at the instance of the accused. Applying the said principle, in the present case, the accused, who is the petitioner in this case has been implicated on the strength of statement of co-accused which is impermissible under law. Hence, the proceedings against the petitioner required to be quashed. 11. In the light of the observations made above, I proceed to pass the following: ORDER i. The Criminal Petition is allowed. ii. The Order of taking cognizance dated 27.12.2022 passed in C.C.No.18/2019 by the Senior Civil Judge - 7 - HC-KAR NC: 2025:KHC-K:4278 CRL.P No. 200787 of 2023 and CJM, Yadagiri for the offences punishable under Sections 420, 467, 120(B), 109 of IPC and Sections 3 and 7 of Essential Commodities Act, 1955 stands quashed. Sd/- (S RACHAIAH) JUDGE NM List No.: 19 Sl No.: 2