- 1 - NC: 2025:KHC-D:491 CRL.P No. 102639 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.102639 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: SHRI. SHIVAPRASAD AGE. 46 YEARS, SENIOR MANAGER, M/S: MANGALORE CHEMICALS AND FERTILIZERS LTD., MANGALORE (MANUFACTURER) 575010. …PETITIONER (BY SRI. M.J. PEERJADE, ADVOCATE) AND: THE STATE OF KARNATAKA R/BY. AGRICULTURAL OFFICER AND FERTILIZER INSPECTOR RAIT SAMPARK KENDRA SANDUR (OFFICER: REPRESENTING KARNATAKA GOVT) R/BY: S.P.P. HIGH COURT OF KARNATAKA BENCH DHARWAD. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO, THE COMPLAINT AND ENTIRE PROCEEDINGS IN CC NO.212/2021 FILED AND PENDING BEFORE THE COURT OF CIVIL JUDGE AND J.M.F.C. SANDUR AGAINST THE PETITIONER/ACCUSED NO.1 OF THE OFFENCE PUNISHABLE U/S 19 OF THE FERTILIZER CONTROL ORDER 1985 R/W SECTION 7 (i) (a) (ii) OF THE ESSENTIAL COMMODITIES ACT 1955 BE KINDLY QUASHED IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE 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: 2025.01.15 11:09:23 +0530 - 2 - NC: 2025:KHC-D:491 CRL.P No. 102639 of 2024 ORAL ORDER Heard the learned counsel for the petitioner and the learned AGA for the State. 2. A private complaint was filed under Section 200 of the Code of Criminal Procedure by the respondent alleging offences punishable under Section 7 of the Essential Commodities Act, 1955, and Clause 19 of the Fertilizer Control Order, 1985. It was alleged that the fertilizer manufactured by Mangalore Chemicals and Fertilizers Limited was substandard. The learned Magistrate, after perusing the complaint, took cognizance of the offence and issued summons. Aggrieved by this, accused No.1 has approached this Court. 3. As per Section 2A of the Fertilizer Control Order, 1985, the term “Act” refers to the Essential Commodities Act, 1955. Section 10 of the Essential Commodities Act specifies that if an order under Section 3 is contravened by a company, both the company and the person in charge of and responsible for the conduct of its business at the time of contravention are deemed guilty of the offence. Therefore, to hold an officer of a company vicariously liable, the company must be arrayed as an accused. - 3 - NC: 2025:KHC-D:491 CRL.P No. 102639 of 2024 4. In the present case, the company has not been arrayed as an accused. Moreover, the petitioner, being the Manager of the company, was not responsible for the manufacture of the subject fertilizer. As such, the petitioner cannot be held vicariously liable under Section 10 of the Essential Commodities Act, 1955. Therefore, Continuation of criminal proceedings against the petitioner would amount to an abuse of the process of law. 5. Accordingly, the petition is allowed. The impugned proceedings in C.C. No. 212/2021 on the file of the Civil Judge and JMFC, Sandur, are hereby quashed insofar as they relate to petitioner/accused No.1. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BVV LIST NO.: 1 SL NO.: 23