- 1 - HC-KAR NC: 2025:KHC-K:3043 CRL.P No. 200463 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 11TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.200463/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: IRANNA S/O MALLIKARJUN BELURE, AGE:50 YEARS, OCC: SOCIAL SERVICE, R/O. SHIVAJI NAGAR, KALABURAGI-585102. …PETITIONER (BY SRI SYED MASTAN, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH ALAND POLICE STATION, TQ. ALAND, DIST. KALABURAGI, REPRSENTED BY ADDL. HCGP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH- 585107. …RESPONDENT (BY SRI VEERANAGOUDA M. MALIPATIL, HCGP) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3043 CRL.P No. 200463 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023, PRAYING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.8288/2022 VIDE CRIME NO.8/2022, WHICH CAME TO BE REGISTERED IN F.I.R. NO.19/2022 OF ALAND POLICE STATION, TQ. ALAND, DIST. KALABURAGI, ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, ALAND, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 3, 6 & 7 OF E.C. ACT. 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) 1. Heard learned counsel Sri Syed Mastan for the petitioner and learned High Court Government Pleader Sri Veeranagouda M. Malipatil for the respondent-State. 2. This petition is filed under Section 482 Cr.P.C. praying to quash the entire proceedings against the petitioner in C.C. No.8288/2022 on the file of the Court of the Principal Civil Judge and J.M.F.C., Aland, vide Crime No.08/2022 registered in F.I.R. No.19/2022 by Aland - 3 - HC-KAR NC: 2025:KHC-K:3043 CRL.P No. 200463 of 2025 Police Station, Tq. Aland, Dist. Kalaburagi, for the offences punishable under Sections 3, 6 and 7 of Essential Commodities Act. 3. Facts in nutshell for disposal of the present petition are as under: 3.1 A complaint came to be lodged by Sri Mahadevappa Bobade, Government Official, who is a Food Inspector with Aland Police Station on 18.01.2022 it was registered in Crime No.8/2022 for the offences punishable under Sections 3, 6 and 7 of the Essential Commodities Act. 3.2 The report given by Sri Mahadevappa with the Aland Police revealed that he being the Food Inspector, Aland, was on the patrolling duty and had the credible information that somebody is transporting the rice bags in a vehicle which is meant for PDS distribution. - 4 - HC-KAR NC: 2025:KHC-K:3043 CRL.P No. 200463 of 2025 4. Accordingly he was keeping a watch for the suspected vehicle on 17.01.2022 at about 11:30 a.m. He spotted a goods vehicle bearing No.KA-23/4790. On suspicion the said vehicle was intercepted. On inspecting the said vehicle it is noticed that the rice bags were being transported in the said goods vehicle without permit and necessary documents. 5. On further verification of the sample rise from the rice bags, it is revealed that those bags contained the rice which was meant for public distribution. A panchnama was also drafted in this regard after seizing the rice bags and the vehicle. As per the panchnama, rice bags worth Rs.59,125/- having the quantity of 2365 kgs., were seized and therefore, filed a report to the Police to take appropriate action. 6. The Police after receipt of the said report, registered a case, which is now pending before the jurisdictional Magistrate for trial. - 5 - HC-KAR NC: 2025:KHC-K:3043 CRL.P No. 200463 of 2025 7. In the meantime, petitioner has approached this Court with an aforesaid prayer contending that the present petitioner being the driver of the goods vehicle, had no nexus whatsoever with the alleged incident and therefore, sought for quashing of the pending proceedings. 8. He would also contend that at the time of incident, present petitioner was not at all the driver and therefore, he could not have been the driver of the goods vehicle which has been seized by the Food Inspector. 9. Per contra, High Court Government Pleader supports the filing of the charge-sheet against the present petitioner is arraigned as an accused in the incident as driver of the goods vehicle and the owner of the goods vehicle revealed the name of the present petitioner, who is the beneficiary of the rice bags. 10. Based on the said statement made by the present petitioner, the other accused persons, have been arranged as accused to the incident. - 6 - HC-KAR NC: 2025:KHC-K:3043 CRL.P No. 200463 of 2025 11. Weather at all the present petitioner was the beneficiary of the rice bags, which were being illegally transported in the goods vehicle or not cannot be decided by this Court at this point of time by holding a mini trial. 12. It is always open for the present petitioner to establish that he had no nexus whatsoever with regard to seized rice bags. 13. Unless the present petitioner had some nexus with the incident why would the owner and driver of the goods vehicle take out the name of the petitioner is a question that needs to be adjudicated by the learned Trial Magistrate after full fledged trial. 14. Therefore, this Court is of the considered opinion that the disputed facts cannot be decided in the petition filed under Section 482 of Cr.P.C., to accord the prayer in favour of the petitioner as it is out of the purview out of the powers vested under Section 482 Cr.P.C. - 7 - HC-KAR NC: 2025:KHC-K:3043 CRL.P No. 200463 of 2025 15. Hence, the following: ORDER i. The petition is dismissed. ii. All the favourable contentions of the petitioner are kept open to be urged in the pending trial. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 39 CT:PK