- 1 - NC: 2025:KHC-D:423 CRL.P No. 103445 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103445 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MR. SUDARSHAN SUBHASHARO DONGARE AGE. 45 YEARS, OCC. LEGAL AND LICENSE OFFICER, RESPONSIBLE PERSON MAHARASTRA BIO FERTILIZER PVT. LTD., R/AT. UDYOG BHAVAN, SHIVAJI NAGAR, LATUR, MAHARSTRA-413 512. …PETITIONER (BY SRI. GOURI SHANKAR MOT, ADVOCATE) AND: THE STATE OF KARNATAKA BY SRI. VISHWAVIRAT VITHALRAO, PESTICIDE INSPECTOR AND AGRI.,OFFICER FARMERS CONTACT CENTER, MUDHOL, REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD. …RESPONDENT (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE COGNIZANCE DATED 22.06.2021 TAKEN BY PRL.CIVIL JUDGE AND JMFC, AT HUBBALLI AGAINST ACCUSED NO.3/PETITIONER AND ENTIRE PROCEEDINGS IN CC NO.6448/2021 FOR OFFENCES PUNISHABLE U/S 13(1), 18(1), 17 AND RULE 9 AND 10 OF THE INSECTICIDES ACT, 1968. 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: 2025.01.15 11:09:27 +0530 - 2 - NC: 2025:KHC-D:423 CRL.P No. 103445 of 2024 ORAL ORDER 1. Learned Additional Government Advocate accepts notice for respondent-State. 2. The respondent has filed a private complaint under Section 200 of the Criminal Procedure Code (Cr.P.C.) alleging that, upon inspection of the shop of accused Nos. 1 and 2, it was discovered that they were in possession of insecticides that did not meet the required specifications. The petitioner/accused No. 3 is the Licensed Officer of Maharashtra Boi Fertilizers India Limited, the manufacturer of the subject insecticides. After perusing the complaint, the Learned Magistrate took cognizance of the offences punishable under Sections 13(1), 18(1), 17, and Rule 9 and 10 of the Insecticides Act, 1968. 3. Heard learned counsel for the petitioner and learned Additional Government Advocate for the respondent-State. 4. Section 33 of the Insecticides Act, 1968, addresses offences committed by companies, stating that when an offence under the Act is committed by a company, every person who, at the time the offence was committed, was in charge of or responsible for the company’s business shall be deemed guilty of the offence. In this case, the petitioner, accused No. 3, is the Licensed Officer of the company, which manufactures the insecticides in question. However, there is no material, nor any averments in the complaint, indicating that the petitioner was involved or responsible for the - 3 - NC: 2025:KHC-D:423 CRL.P No. 103445 of 2024 affairs of the company. The company has not been arraigned as an accused, and therefore, the petitioner cannot be held vicariously liable under Section 33 of the Act. Consequently, the continuation of criminal proceedings against the petitioner would amount to an abuse of process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.6448/2021 pending on the file of the Principle Civil Judge and JMFC, At Hubballi, insofar as it relates to the petitioner – accused No.3 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 13