- 1 - HC-KAR NC: 2025:KHC-D:11077 CRL.P No. 101634 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 30TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101634 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: SANJEEV S. CHITNIS, AGE ABOUT 67 YEARS, OCC. MANAGER OF KRISHNA AGRO SERVICE, NEAR ATHANI SUGARS LTD., VISHNUANNA NAGAR, NAVALIHAL, TQ. ATHANI, DIST. BELAGAVI, PIN CODE-591 304. … PETITIONER (BY SRI. RAJASHEKHAR B. HALLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD. 2. THE GOVERNMENT OF KARNATAKA, DEPARTMENT OF AGRICULTURE, REPRESENTED BY NINGAPPA, ASSISTANT AGRICULTURE DIRECTOR (VILLIGANCE-1) AND FERTILIZER INSPECTOR, JOINT AGRICULTURE DIRECTOR, OFFICE KOPPAL, PIN CODE-583 231. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1 AND R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.3 IS CONCERNED IN C.C. NO.1768/2022 PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC KUSHTAGI FOR THE OFFENCES PUNISHABLE UNDER SECTION 7 OF ESSENTIALS COMMODITIES ACT, 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:11077 CRL.P No. 101634 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.1768/2022 pending before the Civil Judge and JMFC, Kushtagi, registered for the offence punishable under section 7 of Essential Commodities Act 1955. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioner submits that proceedings as against accused Nos.1 ans 2 has been quashed for the reason that company is not arraigned as accused in the present case. Under the circumstances, even the prayer made by the petitioner needs to be allowed. 6. Learned HCGP does not dispute the said submission made by the learned counsel for the petitioner. 7. This Court in Crl.P.No.101553/2025 disposed of on 09.06.2025 has quashed the impugned criminal - 3 - HC-KAR NC: 2025:KHC-D:11077 CRL.P No. 101634 of 2025 proceedings insofar as it relates to accused Nos.1 and 2 for the reason that proceedings initiated before the trial Court without arraigning company as party to the proceedings cannot be maintained. The reasons assigned by this Court in Crl.P.No.101553/2025 is squarely applicable to the petitioner. Therefore, prayer made by the petitioner needs to be granted. Accordingly, I pass the following: ORDER (i) The criminal petition is allowed; (ii) The entire proceeding in CC No.1768/2022 pending before the Civil Judge and JMFC, Kushtagi, registered for the offence punishable under section 7 of Essential Commodities Act, is quashed as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB, CT:BCK LIST NO.: 1 SL NO.: 88