- 1 - NC: 2025:KHC-D:674 CRL.P No. 102486 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102486 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. V.P.DESAI AGE. 60 YEARS, OCC. BUSINESS, DESIGN BIOCIS PRIATE LIMITED, GENUPALYA, KUMBALGOD BENGALURU, TQ AND DIST. BENGALURU. …PETITIONER (BY SRI. N.L.BATAKURKI, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY KUM LAXMI TELI S., FERTILIZER INSPECTOR CUM AGRICULTURE OFFICER, LOKAPUR-587122, TQ. MUDHOL, DIST. BAGALKOT, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD. …RESPONDENT (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, ADMIT THE PETITION AND QUASH THE ORDER OF ISSUE OF PROCESS FOR THE OFFENCES P/U/O 19 OF FERTILIZER (ORGANIC, INORGANIC, MIXTURE, (CONTROL) ORDER, 1985 AND R/W SEC. 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, BY THE PRL. CIVIL JUDGE AND JMFC, MUDHOL IN C.C.NO.244/2023 DATED 18.07.2023 AND ALSO QUASH THE COMPLAINT AGAINST THE ACCUSED NO.2/PETITIONER HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:58 +0530 - 2 - NC: 2025:KHC-D:674 CRL.P No. 102486 of 2024 ORAL ORDER 1. The cognizance taken of the alleged offences punishable under Clause 19 of the Fertilizer (Control) Order, 1985, read with Sections 3 and 7 of the Essential Commodities Act, 1955, is impugned in this petition. 2. The respondent filed a private complaint under Section 200 of the Criminal Procedure Code, 1973 (Cr.P.C.), alleging that upon inspection of the shop belonging to accused No.1, it was found that the fertilizer manufactured by DSIGN Biosis Pvt. Ltd. was not in accordance with prescribed standards. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate (AGA) for the respondent/State. 4. The provisions of the Act, 1955, are applicable to the contravention made under the Control Order as specified in Clause 2(a) of the Control Order. The company, which is the manufacturer of the subject fertilizer, having not been arrayed as an accused, the petitioner, who is a Vice President of the company, cannot be held guilty of the alleged offences along with the company, as specified under Section 10(1) of the Act, 1955. Therefore, the continuation of criminal proceedings against the petitioner/accused No.2 would be an abuse of the process of law. - 3 - NC: 2025:KHC-D:674 CRL.P No. 102486 of 2024 5. Accordingly, the petition is allowed. The impugned proceedings in CC No.244/2023 on the file of the Principal Civil Judge and JMFC, Mudhol, insofar as they relate to petitioner/accused No.2, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 3 Sl No.: 10