- 1 - HC-KAR NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200101 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VINOD CHANNANNAVAR S/O SHANKAR, AGED ABOUT 37 YEARS, WORKING AS CHEMIST M/S LAXMI NARYAN BIOTECH, BIDAR NO.29, 1ST FLOOR, KIADB INDUSTRIAL AREA, RAYAPUR, DHARWAD-580009. 2. RUDRAPPA CHIKKAHARUNI S/O DHARMAPPA, AGED ABOUT YEARS, WORKING AS RESPONSIBLE PERSON, M/S LAXMI NARYAN BIOTECH, BIDAR, POST: HIREHARAKUNI, KUNDGOL TALUK, DHARWAD-581113. 3. M/S LAXMI NARYAN BIOTECH REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING DIRECTOR, SRI NAVEEN AKALWADI S/O VINAYAK AGED ABOUT 45 YEARS, NO.29, 1ST FLOOR, KIADB INDUSTRIAL AREA, RAYAPUR, DHARWAD-580009. …PETITIONERS (BY SMT. MANASI SHARMA, ADVOCATE FOR SRI NITIN R., ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025 AND: STATE OF KARNATAKA, REPRESENTED BY SANGAMESH AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, RAITA SAMPARKA KENDRA, BAGADAL TALUK, BIDAR-585226. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO, QUASH THE ENTIRE PROCEEDING AGAINST THE ACCUSED/PETITIONERS IN CC NO.1077/2024 ARISING OUT OF UN-UNNUMBERED PCR, PENDING ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, BIDAR FOR VIOLATION OF SECTION 19(c)(vii) OF FERTILIZER CONTROL ORDER, 1985, PUNISHABLE U/S 7(1)(a)(ii) OF THE ESSENTIAL COMMODITIES ACT, 1955 AT ANNEXURES-A AND B. 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 Smt. Manasi Sharma, learned counsel for Sri Nitin R., learned counsel for the petitioners and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State. - 3 - HC-KAR NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025 2. Order of taking cognizance in respect of the complainant on account of seizure of fertilizers which is a sub-standard quality as per the due report is called in question in this petition. 3. Among the other grounds, the learned counsel for the petitioners primarily urges the ground that there was no enquiry under Section 202 of Cr.P.C. by the learned Trial Judge before taking cognizance and summoning the petitioners, who are admittedly the residents of Dharwad District, which is outside the territorial jurisdiction of Trial Magistrate. 4. Material on record does not indicate that enquiry under Section 202 of Cr.P.C. has been conducted by the Trial Magistrate before taking cognizance which is in violation of settled principles of law. 5. Accordingly, order taking cognizance needs to be quashed and matter to be remitted to the Trial - 4 - HC-KAR NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025 Magistrate for fresh consideration from the stage of taking cognizance. Hence, the following: ORDER (i) The petition is allowed. (ii) The entire proceedings against the accused/petitioners in C.C.No.1077/2024, pending on the file of the Additional Senior Civil Judge and JMFC, Bidar for violation of Section 19(c) (vii) of Fertilizer Control Order, 1985, punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 is hereby quashed. (iii) The matter is remitted to the Trial Magistrate for fresh disposal from the stage of taking cognizance in accordance with law. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 38 CT:PK