- 1 - NC: 2025:KHC-D:897 CRL.P No. 102396 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 102396 OF 2023 (482(Cr.PC)/528(BNSS)-) BETWEEN: MANGALESH S/O. NEELAKANTAPPA GALI, AGE. 52 YEARS, OCC. M/S. SRI. MANGALESHWAR FERTILIZERS, NEAR BUS STAND, MANGALOOR, TQ. YELBURGA- 583236. …PETITIONER (BY SRI. G.R. TURAMARI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH- 580011. 2. PRATAPGOUDA S/O. HANUMAGOUDA NANDAGOUDA, AGE. 31 YEARS, OCC. FERTILIZER INSPECTOR AND AGRICULTURE OFFICER, RAITHA SAMPARKA KENDRA, MANGALOOR, TQ. YELBURGA, DIST. KOPPAL- 583236, R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA) VISHAL NINGAPPA PATTIHAL Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench Date: 2025.01.29 10:52:30 +0530 - 2 - NC: 2025:KHC-D:897 CRL.P No. 102396 of 2023 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO.1 IN CC NO.522/2021 REGISTERED FOR OFFENCE P/U/S 7(1)(a)(ii) OF ESSENTIAL COMMODITIES ACT, 1955 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC, YELBURGA AT KOPPAL IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. This petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings against the petitioner/accused No.1 in C.C.No.522/2021 registered for the offence punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 pending on the file of the Civil Judge and JMFC, Yelburga at Koppal. 2. The learned counsel appearing for the petitioner Sri.G.R.Turamari submits that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench in Crl.P.No.102168/2019 disposed on 02nd August 2023. 3. The learned AGA Sri. Sharad V. Magadum would not dispute the position of law as laid down by the Coordinate Bench in the aforesaid judgment on the submission in unison. - 3 - NC: 2025:KHC-D:897 CRL.P No. 102396 of 2023 4. In that light, this petition deserves to succeed. The Coordinate Bench has held as follows: “Heard the learned counsel for the petitioners and learned Additional SPP. 2. In this petition under Section 482 of Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Cr.P.C.’ for short), the petitioners-accused Nos.3 and 4 inter-alia seeking quashment of proceedings in C.C.No.654/2019 pending before Prncipal JMFC, Kumta and to quash complaint pending against the petitioners for the offences punishable under Sections 7 and 9 of Essential Commodities Act, 1955 and Section 34 of IPC. 3. Learned counsel for the petitioners referring to order dated 14.02.2002 issued by the Government of Karnataka, submitted that the State Government has issued an order stating that the persons, who are not responsible for production of Quality Control of Fertilizer Products should not be prosecuted. 4. It is further submitted that by an order dated 15.02.2013, the petitioners who are Managing Directors of the company has nominated one Harihar J. (Senior Manager) with regard to quality aspects of the fertilizers Control Order 1985 under clause 24. 5. It is further submitted that controversy involved is fairly covered by an order dated 27.07.2017 passed in Criminal Petition No.5401/2017. The aforesaid aspects - 4 - NC: 2025:KHC-D:897 CRL.P No. 102396 of 2023 of the matter has not been disputed by the learned Additional SPP. In view of the submissions made and taking into account the fact that the petitioners who are Managing Directors and Company are not persons responsible with regard to quality of the fertilizer as well as for the reasons assigned by Bench of this court by order dated 27.07.2017 passed in Criminal Petition No.5401/2017, the proceedings in C.C. No.654/2019 pending before Principal JMFC, Kumta insofar it pertains to petitioners- accused Nos.3 and 4 are quashed. In the result, the petition is allowed.” 5. In the light of the aforesaid submission, which is in unison, the petition deserve to succeed and the impugned crime to be quashed. 6. For the aforesaid reasons, I pass the following: ORDER i. The Criminal Petition is allowed. ii. The impugned proceedings in C.C.No.522/2021, pending on the file of the Civil Judge and JMFC, Yelburga at Koppal, is hereby quashed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/ List No.: 1 Sl No.: 127