- 1 - HC-KAR NC: 2025:KHC-D:9628 WP No. 105158 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY WRIT PETITION NO. 105158 OF 2025 (GM-RES) BETWEEN: 1. K. RAJA, AUTHORISED REPRESENTATIVE, AGED 52 YEARS, FOR MANAGING DIRECTOR, GRENSTAR FERTILIZERS LIMITED, SPIC NAGAR, MUTHIAPURAM POST, TUTICORIN-628 000 (TAMILNADU). 2. CHETAN BASAVANTAPPA KADLIMATH, AGE: 52 YEARS, PROPRIETOR OF FIRM: SHRI DANESHWARI KRUSHI KENDRA, KAMATAGI-587 120, TQ: HUNGUND. … PETITIONERS (BY SRI. NANDISH PATIL, ADVOCATE) AND: STATE OF KARNATAKA, REPRESENTED BY FERTILISER, INSPECTOR CUM ASSISTANT, DIRECTOR OF AGRICULTURE, (ENFORCEMENT-1), OFFICE OF THE JOINT RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:9628 WP No. 105158 of 2025 DIRECTOR OF AGRICULTURE, BAGALKOTE-587 101. … RESPONDENT (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED COMPLAINT DATED 30.12.2023 FILED BY THE RESPONDENT UNDER SECTION 200 OF CODE OF CRIMINAL PROCEDURE IN P.C. NO.32/2024 BEFORE THE COURT OF ADDL. CIVIL JUDGE AND JMFC HUNGUND FOR THE OFFENSES PUNISHABLE UNDER CLAUSE 28(4) OF FERTILIZER CONTROL ORDER 1985 R/W SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT 1955 VIDE ANNEXURE-A, SO FOR PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY AND ISSUE WRIT IN THE NATURE OF CERTIORARI QUASHING THE IMPUGNED ORDER DATED 20.01.2024 PASSED BY THE COURT OF ADDL. CIVIL JUDGE AND JMFC, HUNGUND IN C.C. NO.60/2024, VIDE ANNEXURE-B SO FOR PETITIONERS ARE CONCERNED IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR PRELIMINARY HEARING THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:9628 WP No. 105158 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.2 and 3 are before this Court with a prayer to quash the entire proceedings in C.C. No.60 of 2024 pending before the Court of Addl. Civil Judge and JMFC, Hungund registered for offences punishable under Sections 3 and 7 of the Essential Commodities Act and clause 19(a) of the Fertilizer Control Order, 1985. 2. Heard the learned counsel appearing for the parties. 3. A private complaint under Section 200 of the Cr.P.C. was filed by the respondent State represented by Fertilizer Inspector, Bagalkot, against Kamadhenu Chemicals and Fertilizers and the petitioner’s herein for the aforesaid offences. 4. Being aggrieved by the same, the petitioners who are arrayed as accused Nos.2 and 3 in the private complaint are before this Court. - 4 - HC-KAR NC: 2025:KHC-D:9628 WP No. 105158 of 2025 5. Learned counsel for the petitioners submits that petitioner No.1 is the supplier of the product manufactured by accused No.1 Company and petitioner No.2 is the owner of the shop in which the product was kept for sale. He submits that the petitioners who have no control over the manufacturing process of the product cannot be prosecuted for the alleged offences and the question involved in this petition is answered by this Court in Criminal Petition No.200937 of 2024. 6. Learned HCGP who has opposed the petition, however, does not dispute the submission made by learned counsel for the petitioner. 7. This Court in Criminal Petition No.200937 of 2024 disposed of on 01.02.2024 has held that owners of the shop/showroom, in which products of the company is stocked, exhibited for sale, cannot be held vicariously liable and be penalized for misbranding of the products in respect of which they were not involved in the - 5 - HC-KAR NC: 2025:KHC-D:9628 WP No. 105158 of 2025 manufacturing process. There is no such allegation in the complaint in the present case that petitioners are involved in the manufacturing process of the products, which is manufactured by accused No.1/complainant. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted. Accordingly, the following: ORDER i. Petition is allowed. ii. The entire proceedings in the order dated 20.01.2024 passed by the Court of Addl.Civil Judge and JMFC, Hungund in C.C.No.60/2024 is quashed against the petitioners. Sd/- (S.VISHWAJITH SHETTY) JUDGE VNP, KGK CT:BCK LIST NO.: 1 SL NO.: 77