- 1 - NC: 2025:KHC-K:878 CRL.P No. 200123 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 200123 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: MOINUDDIN S/O. MEHBOOBSAB YENNEGURI AGE. 42 YEARS, OCCUPATION. BUSINESS, R/O. SULTANPUR GALLI, ALAND-585302, KALABURAGI DISTRICT. …PETITIONER (BY SRI.AMEERAHAMAJA ABDULKADAR GUNNAPURA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH ALAND POLICE STATION, REPRESENTED BY THE ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI-585102. 2. PRAVEEN KUMAR SATANOOR FOOD INSPECTOR, TAHASIL OFFICE, ALAND DIST. KALABURGI-585302. …RESPONDENT (BY SRI. JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THE PRESENT CRIMINAL PETITION AND ALSO QUASH THE ENTIRE PROCEEDING CASE REGISTERED IN CRIME NO. 70/2019 FILED WHICH WAS REGISTERED AT ALAND POLICE STATION, KALABURAGI DISTRICT AGAINST PETITIONER FOR THE OFFENCE PUNISHABLE ESSENTIAL COMMODITIES ACT 1955 U/SEC. 3,6,7, KARNATAKA ESSENTIAL COMMODIEITES (PUBLIC DISTRIBUTION SYSTEM) PUBLIC CONTROL ORDER 2016 U/S 3,4,12,18 AND 19 KARNATAKA ESSENTIAL COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE NOTIFICATION) ORDER 1981 U/SEC. 4,5,8 U/SEC. 420, 34 IPC IN THE INTEREST OF B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:56 +0530 - 2 - NC: 2025:KHC-K:878 CRL.P No. 200123 of 2024 JUSTICE AND EQUITY. THE SAID CASE TRIALED AT PRL. CJ (JD) AND JMFC ALAND OF KALABURAGI DIST. THIS PETITION, COMING ON FOR ADMISSION (THROUGH VC AT DHARWAD BENCH), THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard the learned counsel for the petitioner and the learned Additional Government Advocate for the respondent-State. 2. The petitioner-accused No.2 is sought to be prosecuted for the offences punishable under Sections 3, 6, 7 of Essential Commodities Act, 1955, and under Sections, 3, 4, 12, 18 and 19 of Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016 and Under Section 4,5,8 of Karnataka Essential Commodities (Storage Accounts Maintaining Value Notification) Order, 1981 and under Section 420 r/w 34 of IPC in Crime No.70/2019 is before this Court seeking relief. 3. The other accused had approached this Court in Crl.P.No.200791/2023 and other connected petitions, wherein, this Court vide order dated 5.7.2023 has quashed the proceedings insofar it relates to the accused therein, on the ground that, accused therein cannot be prosecuted on the basis of the confession statement of the co-accused which is impermissible in law, and also the prosecution has not produced any corroborative material to substantiate that the food grains seized from the accused were meant for distribution under the Public Distribution - 3 - NC: 2025:KHC-K:878 CRL.P No. 200123 of 2024 Scheme. Therefore, this petition also requires to be disposed of in terms of the order passed in the aforesaid petitions. 4. Accordingly, the petition is allowed. 5. The impugned proceeding in CC No.1008/2020 arising out of Crime No.70/2019 registered by the Aland Police Station, pending on the file of the learned Principal Civil Judge, JMFC, Aland, insofar as it relates to the petitioner -accused herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:VH List No.: 19 Sl No.: 4