- 1 - HC-KAR NC: 2025:KHC-D:12640 CRL.P No. 103817 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103817 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SHRINIDHI DESAI, AGE. 52 YEARS, OCC. DIRECTOR, DAP AND COMPLIANCE OFFICE, M/S. PERIGREEN PHOSPET PVT. LTD., KALABURAGI-585 103. … PETITIONER (BY SRI. RAVI K. ANOOR, ADVOCATE) AND: THE STATE OF KARNATAKA, DEPARTMENT OF AGRICULTURE, THROUGH ASSISTANT DIRECTOR OF AGRICULTURE CUM FERTILIZER INSPECTOR, ADA OFFICE, GANGAVATI, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH-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 EXERCISE INHERENT POWERS UNDER SECTION 528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN C.C. NO.460/2023, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC COURT AT GANGAVATI, AGAINST THE PETITIONER/ACCUSED NO.1, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12640 CRL.P No. 103817 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.1 is before this Court under Section 482 of Cr.P.C. with a prayer to quash entire proceedings in C.C.No.460/2023 pending before the Court of Principal Civil Judge and JMFC, Gangavati for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 2. Heard the learned counsel for the petitioner and learned HCGP for the respondent. 3. Learned counsel for the petitioner submits that the Company is a necessary party to the impugned criminal proceedings in view of Section 10 of the Essential Commodities Act, 1955. He submits that in identical circumstances, this Court in Criminal Petition No.100315 of 2025 has allowed the petition. 4. Per contra, learned HCGP has opposed the petition. - 3 - HC-KAR NC: 2025:KHC-D:12640 CRL.P No. 103817 of 2025 5. Private complaint under Section 200 of Cr.P.C. was filed in the present case by the respondent-State represented by the Assistant Director of Agriculture Cum Fertilizer Inspector, Gangavati against the petitioner herein and the learned Magistrate after taking cognizance of the alleged offences has issued summons to the petitioner who is arrayed as accused No.1 in the impugned criminal proceedings. The allegation in the private complaint is that the fertilizers, which were manufactured by the Company known as M/s.Parigreen Phospate Pvt. Ltd., were found to be of substandard quality. It is under these circumstances, petitioner who is the Director of the aforesaid Company is arrayed as accused No.1 in the impugned criminal proceedings. 6. Section 10 of the Essential Commodities Act, 1955, reads 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 - 4 - HC-KAR NC: 2025:KHC-D:12640 CRL.P No. 103817 of 2025 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.” 7. Since the petitioner is being vicariously held liable for the act committed by the Company, in view of Section 10 of the Essential Commodities Act, unless the Company is arrayed as a party to the criminal proceedings, the petitioner who is the employee of the Company cannot be prosecuted. Accordingly, the following: ORDER i. Criminal Petition is allowed. ii. The entire proceedings in C.C.No.460/2023 pending before the Court of Principal Civil Judge - 5 - HC-KAR NC: 2025:KHC-D:12640 CRL.P No. 103817 of 2025 and JMFC, Gangavati for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK /CT:BCK LIST NO.: 1 SL NO.: 48