- 1 - HC-KAR NC: 2025:KHC-D:12567 CRL.P No. 103593 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. 103593 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI RUDRAPPA M. HANASI, AGE. 40 YEARS, OCC. MANAGER, COROMANDAL INTERNATIONAL LTD., C/O NAMMA GROMORE RETAIL CENTRE, D.NO.25412538/B, SANGESHWARAAR COMPLEX, MUNAVALLI, TQ. SAUNDATTI, DIST. BELAGAVI. 2. SHRI PRAVEEN, AGE. 44 YEARS, OCC. ZONAL MANAGER, COROMANDAL INTERNATIONAL LTD., 4TH FLOOR, DHANUSH PLAZA, ABOVE SBI (IDEAL HOME BRANCH), RAJRAJESHWARI BENGALURU-560 098. … PETITIONERS (BY SRI. J. BASAVARAJ, ADVOCATE) AND: THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, THROUGH THE SEED/FERTILIZER/INSECTICIDE AND AGRICULTURE OFFICER, RAITH SAMPARK KENDRA, MUNAVALLI, TQ. SAUNDATTI, 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 ALLOW THIS PETITION BY QUASHING THE IMPUGNED PRIVATE COMPLAINT DATED 08.08.2018 AS PER BY ANNEXURE-A AND THE ORDER OF TAKING COGNIZANCE AND ISSUANCE OF SUMMONS DATED 16.01.2019 FOR THE OFFENCES PUNISHABLE UNDER CLAUSE 19 OF FERTILIZER CONTROL ORDER AND UNDER SECTIONS 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1985 PASSED BY THE PRINCIPAL CIVIL JUDGE AND J.M.F.C. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:12567 CRL.P No. 103593 of 2025 SAUNDATTI IN C.C. NO.56/2019 AND ENTIRE PROCEEDINGS PURSUANT THERETO ANNEXURE-B, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ORDERS, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 and 2 are before this Court under Section 482 of Cr.P.C. with a prayer to quash entire proceedings in C.C.No.56/2019 pending before the Court of Principal Civil Judge and JMFC, Saundatti, for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Clause 19 of the Fertilizer Control Order. 2. Heard the learned counsel for the petitioners and learned HCGP for the respondent. 3. Learned counsel for the petitioners 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 - 3 - HC-KAR NC: 2025:KHC-D:12567 CRL.P No. 103593 of 2025 circumstances, this Court in Criminal Petition No.100315 of 2025 has allowed the petition. 4. Per contra, learned HCGP has opposed the petition. 5. Private complaint under Section 200 of Cr.P.C. was filed in the present case by the respondent-State represented by the Inspector of Insecticide and Agriculture Officer, Saundatti against the petitioners herein and the learned Magistrate after taking cognizance of the alleged offences has issued summons to the petitioners who are arrayed as accused Nos.1 and 2 in the impugned criminal proceedings. The allegation in the private complaint is that the fertilizers, which were manufactured by the Company known as Coramandal International Ltd., were found to be of substandard quality. It is under these circumstances, petitioners who are the Manager and Zonal Manager of the aforesaid company are arrayed as accused in the impugned criminal proceedings. - 4 - HC-KAR NC: 2025:KHC-D:12567 CRL.P No. 103593 of 2025 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 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 petitioners are 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 petitioners who are the employees of the Company cannot be prosecuted. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:12567 CRL.P No. 103593 of 2025 ORDER i. Criminal Petition is allowed. ii. The entire proceedings in C.C.No.56/2019 pending before the Court of Principal Civil Judge and JMFC, Saundatti, for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Clause 19 of the Fertilizer Control Order is quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, KGK CT:BCK LIST NO.: 1 SL NO.: 28