- 1 - NC: 2025:KHC-D:976 CRL.P NO.102777/2023 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. 102777 OF 2023 BETWEEN: 1. HANAMANTAPPA S/O MAILAPPA MAILAR, AGED ABOUT 41 YEARS, OCC. AGRICULTURE, R/O. HARALAIAH NAGAR, RANEBENNUR, DIST. HAVERI -581115. 2. KENCHANGOUDA S/O MALLIKARJUN PATIL, AGED ABOUT 49 YEARS, OCC. AGRICULTURE, R/O. HIREBIDARI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI- 581115. 3. MALATHESHREDDI S/O GUDDAPPA AJJANAVAR, AGED ABOUT 27 YEARS, OCC. AGRICULTURE, R/O. REDDIYELLAPUR TQ. RANEBENNUR, DIST. HAVERI. 4. UMESH S/O SHIVANADAPPA MADYAL, MANIKANTA SEEDS AGED ABOUT 43 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. DODDAPETE, PATTANSHETTAR ONI, RANEBENNUR, DIST. HAVERI. 5. MANJUNATH S/O YELLAPPA BOSALE, AGED ABOUT 42 YEARS, OCC. AGRICULTURE, R/O. M.G. ROAD, RANEBENNUR, DIST. HAVERI. 6. NAGARAJ S/O SIDDAPPA KEMBAD, Digitally signed by VISHAL NINGAPPA PATTIHAL Location: High Court of Karnataka, Dharwad Bench - 2 - NC: 2025:KHC-D:976 CRL.P NO.102777/2023 AGED ABOUT 41 YEARS, OCC. AGRICULTURE, R/O. CHALAGERI, TQ.RANEBENNUR, DIST. HAVERI. 7. PALAKASHI S/O SHIVARUDRAPPA HULLATTI, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, RANEBENNUR, DIST. HAVERI. 8. SHANKARGOUDA S/O SIDDANAGOWDA LINGANGOUDRA, AGED ABOUT 48 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. HOSAHULIHALLI VILLAGE, TQ. RANEBENNUR, DIST. HAVERI. 9. AJJAPPA S/O GUDDAPPA DURGAD, AGED ABOUT 65 YEARS, OCC. AGRICULTURE, R/O. GANGAPUR VILLAGE, TQ. RANEBENNUR, DIST. HAVERI. 10. CHANNAGOUDA S/O CHANNABASANGOUDA PATIL, AGED ABOUT 62 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. HULIHALLI, SIDDESHWARNAGAR, 2ND CROSS, RANEBENNUR, DIST. HAVERI. 11. MANJUNATH ALIAS MANJAPPA S/O AJJAPPA DURGAD, AGED ABOUT 36 YEARS, OCC. AGRICULTURE, R/O. GANGAPUR VILLAGE, TQ. RANEBENNUR, DIST. HAVERI. 12. MALLIKARJUN S/O KARABASAPPA MATTUR, AGED ABOUT 46 YEARS, OCC. AGRICULTURE, R/O. CHOLAMARADESHWARNAGAR, 6TH CROSS, TQ. RANEBENNUR, DIST. HAVERI. 13. RAVI ALIAS RAVIRAJ S/O VITTAL SUNAGAR AGED ABOUT 42 YEARS, OCC. BUSINESS, R/O. BOMMANAHALLI, TQ. HANAGA, NOW R/O. BEERESHWARNGAR, 1ST CROSS, RANEBENNUR, DIST. HAVERI. 14. PRAKASH S/O RUDRAGOUDA SORTUR, - 3 - NC: 2025:KHC-D:976 CRL.P NO.102777/2023 AGED ABOUT 45 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. CHIKKAMAGANUR VILLAGE, TQ. RANEBENNUR, DIST. HAVERI. …PETITIONERS (BY SRI. N.R.KUPPELUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY POLICE INSPECTOR, POLICE STATION, BYDAGI, REPRESENTED THROUGH ITS SPP HIGH COURT OF KARNATAKA, DHARWAD. 2. HITENDRA S/O BASAVANNEYPPA GOUDAPPALAVAR, AGE. 46 YEARS, GOVERNMENT EMPLOYEE, R/O. OFFICE OF ASSISTANT DIRECTOR OF AGRICULTURE, BYDAGI, DIST. HAVERI -581116. …RESPONDENTS (BY SRI. SHARAD V. MAGADUM, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ORDER DATED 24.02.2022 AND ENTIRE PROCEEDINGS IN CC NO.42/2022 ON THE FILE OF CIVIL JUDGE AND JMFC BYADAGI IN TAKING COGNIZANCE AND ISSUANCE OF SUMMONS IN CC NO.42/2022 IN SO FAR AS THE PETITIONERS ACCUSED NOS.1, 3, 8, 10, 11, 14, 15, 20, 29, 30, 37, 38, 41 AND 44 FOR THE OFFENCE P/U/S 109, 120(B), 336, 420, 511 R/W 34 OF IPC AND U/S 3, 7 OF EC ACT 1955 AND U/S 2A(1), 2(a) OF ESSENTIAL COMMODITIES (AMENDMENT) ACT 2006 AND SEEDS ACT 1966 SEC. 6(a)(b), 7, ,1,9, R/W SEEDS (CONTROL) ORDER 1983 ORDER NO.3 IN THE INTEREST OF JUSTICE. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 4 - NC: 2025:KHC-D:976 CRL.P NO.102777/2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA) 1. The learned counsel appearing for the petitioners Sri.N.R.Kuppelur submits that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench in Crl.P.No.101171/2022 disposed on 29th October 2023, which reads as follows: “The Agricultural Officer lodged the FIR alleging that the petitioner is involved in selling of maize seeds to farmers without obtaining licence from the competent authority under the Seeds (Control) Order, 1983. The Police registered the FIR for the offences punishable under Sections 420 and 511 of IPC. The Police, after investigation, submitted the charge sheet for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 and Sections 2A(1), 2(a) of the Essential Commodities Act (Amendment) Act, 2006 and Sections 6(a)(b), 7, 19 of Seeds Act, 1966 and under Order 3 of Seeds (Control) Order, 1983. The learned Magistrate after accepting the charge sheet, took cognizance for the aforesaid offences and issued summons. Taking exception to the same, this petition is filed. 2. Learned counsel appearing for the petitioner submits that the Seed Inspector without following the procedure specified under Section 15 of the Seeds Act, 1966, conducted a raid on the go-down in which the - 5 - NC: 2025:KHC-D:976 CRL.P NO.102777/2023 maize seeds were stacked and thereafter lodged the FIR alleging that the petitioner was selling maize seeds without licence. Hence, he submits that the conduct of raid without following the procedure specified under Section 15 of the Seeds Act, 1966 is one without authority of law and consequently, the registration of the FIR and filing of the charge sheet stands vitiated. He further submits that in view of the exempt under Section 24 of the Seeds Act, 1966, the filing of the charge sheet for the aforesaid offences is impermissible. 3. Learned HCGP appearing for the respondent- State submits that the petitioner was indulging in selling maize seeds without obtaining prior permission from the competent authority has committed the aforesaid offences and the charge sheet laid does not warrant any interference and sought for dismissal of the petition. 4. I have examined the submissions made by the learned counsel for the parties. 5. The Seed Inspector for collecting the sample of the maize seeds was required to issue notice in writing of such intention to the petitioner. However, the Seeds Inspector without issuing notice has conducted a raid and collected the maize seeds alleging that the petitioner was indulging in selling the maize seeds to others without obtaining licence. Hence, the collection of samples of the maize seeds from the go-down in which the maize seeds were stacked without following procedure under Section 15 of the Seeds Act, 1966 and consequently the registration of the FIR and the laying of the charge sheet stands vitiated. In view of the same, the continuation of the criminal proceedings against the petitioner will be an - 6 - NC: 2025:KHC-D:976 CRL.P NO.102777/2023 abuse of process of law since the probability of the conviction of the petitioner-accused is remote and bleak for non-compliance of Section 15 of the Seeds Act, 1966. Accordingly, I pass the following: ORDER Criminal Petition is allowed. The impugned proceedings in C.c. No.359/2020 pending on the file of the Senior Civil Judge and JMFC Court, Hirekerur is hereby quashed.” 2. 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. 3. In the light of the aforesaid submission, which is in unison, the petition deserve to succeed and the impugned crime to be quashed. 4. For the aforesaid reasons, I pass the following: ORDER i. The Criminal Petition is allowed. ii. The impugned proceedings in C.C.No.42/2022, pending on the file of the Senior Civil Judge and JMFC, Byadagi, is hereby quashed. Sd/- (M.NAGAPRASANNA) JUDGE KGK/CT-GTB / List No.: 1 Sl No.: 125