- 1 - NC: 2025:KHC-D:2060 CRL.P No. 103769 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 3RD DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103769 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. MAILARAPPA S/O. NINGAPPA GOUDIHOSALLI AGED ABOUT 35 YEARS, TERITARY SALES LEED, M/S KAVERI SEED COMPANY LIMITED, DAVANGERE, C/O. SHREE SAI RAM TRADING COMPANY, APMC YARD, KUSTAGI, DIST. KOPPALA-583278. …PETITIONER (BY SRI. MUSHTAK AHAMED M AND SRI. PRAKASH R.BADIGER, ADVOCATES) AND: STATE OF KARNATAKA REP. BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, SRI. MARUTI, OCC. AGRICULTURAL OFFICER AND SEED INSPECTOR, AGRICULTURE DEPARTMENT, RSK, KARATAGI, DIST. KOPPAL-583229. …RESPONDENT (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, SET ASIDE THE ORDER DATED 17.01.2024 TAKING COGNIZANCE AGAINST THE PETITIONER/ACCUSED IN CC NO.61/2024 P/U/S 19(A) OF SEEDS ACT AND DISMISS THE COMPLAINT WHICH IS PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, KARATAGI (ITERNARY COURT, KARATAGI). THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.04 17:31:49 +0530 - 2 - NC: 2025:KHC-D:2060 CRL.P No. 103769 of 2024 ORAL ORDER Learned Additional Government Advocate accepts notice for respondent. 2. The petitioner challenges the cognizance taken of the offence punishable under Section 19(a) of Seeds Act, 1966. 3. The second respondent files a private complaint under Section 200 of Cr.P.C., stating that, on 14.6.2022, on an inspection of the Farmers Information Centre, the sample of the seeds manufactured by the Shree Sai Ram Trading Company was drawn and was sent to the seed analyst for test. The seed analyst submitted a report stating that the seed manufactured by the company, of which the petitioner is the Manager, is of sub- standard, and was not as per the specification. 4. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for respondent-State. 5. Section 21 of the Seeds Act, 1966, deals with offences committed by the companies, and states that, if a company commits an offence, every person who at the time the offence 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 offence 6. In the instant case, the petitioner-accused is the Manager of the company which manufactured the subject seed, and he was not involved in the manufacturing process nor involved - 3 - NC: 2025:KHC-D:2060 CRL.P No. 103769 of 2024 in the day to day affairs of the company, and the company having not been arraigned as the accused, the petitioner cannot be held vicariously guilty as stated under Section 21 of the Seeds Act, 1966. 7. Hence, the complaint filed by the second respondent without arraying the company as an accused, is not maintainable, and cognizance taken by the learned Magistrate stands vitiated. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i) Criminal Petition is allowed. ii) The impugned proceedings in 61/2024, on the file of the learned Civil Judge and JMFC Court, Gangavati, (Iternary Court Karatagi), insofar it relates to the petitioner herein stands quashed. Memo of appearance to be filed within a week. Sd/- (HEMANT CHANDANGOUDAR) JUDGE hr List No.: 1 Sl No.: 11