- 1 - HC-KAR NC: 2025:KHC-K:3785 CRL.P No. 200042 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO. 200042 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI V. P. DESAI, AGE:62 YEARS, O/O. DSCIGN BIOSYS PVT. LTD., ROYAL HERITAGE APARTMENT, HARASHA LAYOUT, KANAKAPURA ROAD, BANGALORE-560003. 2. DSCIGN BIOSYS PVT. LTD., THROUGH ITS MANAGING DIRECTOR, PRASANNA KUMAR S/O. HUCHCHIRAYYA S. HIREMATH, NO.91/2, NEAR ISHA CASHEW FACTORY, KUMBALAGODU INDUSTRIAL AREA, 2ND PHASE DODDA AALADAMARA ROAD, GERUPALYA, BANGALORE-560074. …PETITIONERS (BY SRI. SANJAY A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3785 CRL.P No. 200042 of 2025 2. SRI SANGAMESH AGRICULTURE OFFICER CUM FERTILIZER INSPECTOR, RAITA SAMPARKA KENDRA, BAGDAL, TQ. AND DIST. BIDAR-585401 …RESPONDENTS (BY SRI. VEERANAGOUDA MALIPATIL, HCGP FOR R1 AND R2) THIS CRL.P IS FILED U/S. 528 OF BNSS,2023 PRAYING TO A) QUASH ENTIRE PROCEEDINGS AGAINST PETITIONERS/ ACCUSED NO.1 AND 2 RESPECTIVELY IN C.C NO.1076/2024 PENDING ON THE FILE OF ADDL. SENIOR CIVIL JUDGE AND JMFC, BIDAR DISTRICT FOR THE OFFENCES PUNISHABLE U/SEC.7(1), (A), (II) OF ESSENTIAL COMMODITIES ACT, 1955 R/W CONTRAVENTION OF CLAUSE 19(C) (VII) OF FCO 1985. B) PASS ANY OTHER SUITABLE ORDER OR DIRECTION AS DEEM FIT BY THIS HON'BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri. Sanjay A. Patil, learned counsel for the petitioner and Sri. Veeranagouda Malipatil, learned High Court Government Pleader for the respondent Nos.1 and 2. 2. This petition is filed under Section 482 of Cr.P.C., with the following prayer: - 3 - HC-KAR NC: 2025:KHC-K:3785 CRL.P No. 200042 of 2025 “Quash entire proceedings against petitioners/Accused No.1 and 2 respectively in C.C.No.1076/2024 pending on the file of Additional Senior Civil Judge and JMFC, Bidar district for the offences punishable under Section 7(1)(a)(ii) of Essential Commodities Act, 1955 read with Section in Contravention of Clause 19(C)(VII) of FCO, 1985.” 3. Facts in the nutshell which are utmost necessary for disposal of the petition are as under: 3.1. The respondent No.2 herein has initiated action against the petitioners for the offences punishable under Section 7(1)(a)(ii) of Essential Commodities Act, 1955. The learned trial Magistrate upon receipt of the complaint took cognizance and issued summons directly without holding an enquiry under Section 202 of Cr.P.C. as admittedly the petitioners are not residing in the territorial jurisdiction of the trial Magistrate. 4. Learned High Court Government Pleader would fairly submit that, such an enquiry was necessary before taking cognizance and issuance of summons. - 4 - HC-KAR NC: 2025:KHC-K:3785 CRL.P No. 200042 of 2025 5. Taking note of the flaw in the law and the procedure, the impugned order of taking cognizance, registration of the criminal case and summoning the petitioners needs to be set aside and the matter be remanded to the trial Magistrate for fresh disposal in accordance with law after holding an enquiry under Section 202 of Cr.P.C. Accordingly, the following order: ORDER (i) Petition is allowed; (ii) Impugned order taking cognizance and registering the case and summoning the petitioners is hereby set aside; (iii) Learned trial Magistrate shall hold the enquiry under Section 202 of Cr.P.C. and proceed with the case in accordance with law. Sd/- (V SRISHANANDA) JUDGE SVH List No.: 1 Sl No.: 20 CT:PK