- 1 - NC: 2025:KHC-D:1112 CRL.P No. 103239 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103239 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. SUNITH S. AGE. 38 YEARS, PRODUCTION MANAGER, MANGALORE CHEMICALS AND FERTILIZERS LTD., PANAMBUR, MANGALORE-575010, [NOTE. THE AFOREMENTIONED SHRI. SUNIT S. IS REPLACED BY SHRI. DEEPAK RAMESH AS ASST. MANAGER, PRODUCTION AND APPOINTED AS RESPONSIBLE OFFICER]. …PETITIONER (BY SRI. M.J. PEERJADE, ADVOCATE) AND: SHRI. SHIVAPUTRA M. GUNJIGANVI AGE. 47 YEARS, FERTILIZER INSPECTOR CUM AGRICULTURE OFFICER, RAITH SAMPARKA KENDRA ANANTHPUR, R/BY THE STATE OF KARNATAKA, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH DHARWAD. …RESPONDENT (BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, THAT THE PROCEEDINGS IN CRIMINAL CASE NO.854/2023 PENDING BEFORE THE COURT OF PRINCIPAL CIVIL JUDGE AND J.M.F.C. ATHANI AGAINST THE PETITIONER/ACCUSED NO.2 UNDER CLAUSE 19 OF THE FERTILIZER CONTROL ORDER 1985 AND SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT 1955 BE KINDLY ORDERED TO BE QUASHED. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.23 11:47:02 +0530 - 2 - NC: 2025:KHC-D:1112 CRL.P No. 103239 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner – accused No.1, who is sought to be prosecuted for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 (for short `Act, 1955’), is before this Court. 2. The respondent filed a private complaint under Section 200 of Cr.PC for contravention of Clause 19 of the Fertilizer Control Order, 1985 and Sections 3 and 7 of the Act, 1955 alleging that the fertilizer manufactured by the Mangalore Chemicals and Fertilizers Limited, which was found in possession of the accused No.1, who is retailer, was not according to the specification. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent. 4. Section 2(a) of the Fertilizer (Control) Order, 1985 specifies that "Act" means the Essential Commodities Act, 1955. Section 10 of the Act, 1955 specifies that if the person contravening an order made under Section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. Hence, to hold the - 3 - NC: 2025:KHC-D:1112 CRL.P No. 103239 of 2024 officer of the Company vicariously guilty, the Company should be arrayed as an accused. 5. In the instant case, the accused No.2 is the Production Manager of the company, which manufactured the subject fertilizer, and the company having not been arraigned as an accused, the petitioner – accused No.2 cannot be held vicariously guilty along with the company. Even otherwise, the petitioner – accused No.2 is the Production Manager, and was not responsible or involved in the day to day affairs of the company or conduct of the company. Therefore, the continuation of the criminal proceedings would be an abuse of process of law. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in Criminal Case No.854/2023 pending on the file of the learned Principal Civil Judge and JMFC, Athani, insofar as it relates to the petitioner – accused No.2 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE Bkm Ct:vh List No.: 3 Sl No.: 19