- 1 - HC-KAR NC: 2025:KHC-D:18618 CRL.P No. 104546 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 104546 OF 2025 BETWEEN: BALAPPA S/O NAGAPPA HUGAR AGE 62 YEARS OCC: PROPRIETOR OF VINAYAK AGRO AGENCY BELOW BHUVANESHWARI BANK KANAKAGIRI ROAD GANGAVATHI - 583 227 NOW R/O WARD NO.10 SHARNBASAVESHWAR NAGAR GANGAVATHI DIST KOPPAL - 583 227. …PETITIONER (BY SRI RAVI KRISHNAPPA ANOOR, ADV.) AND: THE STATE OF KARNATAKA DEPARTMENT OF AGRICULTURE THROUGH ASSISTANT DIRECTOR OF AGRICULTURE CUM-FERTILIZER INSPECTOR, ADA OFFICE GANGAVATI REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA DHARWAD BENCH - 580 011. …RESPONDENT (BY SRI ABHISHEK MALI PATIL, ADV.) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO EXERCISE INHERENT POWERS U/SEC.528 OF BNSS, EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN CC.NO.460/2023, FOR THE OFFENCES PUNISHABLE U/S. 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1955, PENDING BEFORE THE Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:18618 CRL.P No. 104546 of 2025 PRINCIPAL CIVIL JUDGE AND JMFC COURT AT GANGAVATI, AGAINST THE PETITIONERS/ACCUSED NO.1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING: CORAM: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Heard the learned counsel for the petitioner and the learned HCGP for the respondent. 2. Accused No.2 is before this Court in this petition filed under Section 528 of BNSS, 2023, with a prayer to quash the entire proceedings in CC No.460/2023, pending before the Court of Principal Civil Judge and JMFC, Gangavathi, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955. 3. Accused No.1 in the present case had approached this Court in Crl.P.No.103817/2025 with a prayer to quash the impugned proceedings as against him. In paragraph Nos.5, 6 and 7 of the order passed by this Court in Crl.P.No.103817/2025, it is observed as follows:- "5. Private complaint under Section 200 of Cr.P.C. was filed in the present case by the - 3 - HC-KAR NC: 2025:KHC-D:18618 CRL.P No. 104546 of 2025 respondent-State represented by the Assistant Director of Agriculture Cum Fertilizer Inspector, Gangavati against the petitioner herein and the learned Magistrate after taking cognizance of the alleged offences has issued summons to the petitioner who is arrayed as accused No.1 in the impugned criminal proceedings. The allegation in the private complaint is that the fertilizers, which were manufactured by the Company known as M/s.Parigreen Phospate Pvt. Ltd., were found to be of substandard quality. It is under these circumstances, petitioner who is the Director of the aforesaid Company is arrayed as accused No.1 in the impugned criminal proceedings. 6. Section 10 of the Essential Commodities Act, 1955, reads as follows: “10. Offences by companies.— (1) 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: - 4 - HC-KAR NC: 2025:KHC-D:18618 CRL.P No. 104546 of 2025 Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.” 7. Since the petitioner is being vicariously held liable for the act committed by the Company, in view of Section 10 of the Essential Commodities Act, unless the Company is arrayed as a party to the criminal proceedings, the petitioner who is the employee of the Company cannot be prosecuted. Accordingly, the following: - 5 - HC-KAR NC: 2025:KHC-D:18618 CRL.P No. 104546 of 2025 ORDER i. Criminal Petition is allowed. ii. The entire proceedings in C.C.No.460/2023 pending before the Court of Principal Civil Judge and JMFC, Gangavati for offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 is quashed." 4. The reasons assigned by this Court in Crl.P.No.103817/2025 for quashing the impugned proceedings as against accused No.1 is very much applicable to the case on hand and therefore, the prayer made in this criminal petition needs to be granted. Accordingly, the following order:- 5. The criminal petition is allowed. The entire proceedings in CC No.460/2023, pending before the Court of Principal Civil Judge and JMFC, Gangavathi, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955, is quashed, as against the petitioner herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE DN