- 1 - HC-KAR CNR: KAHC010313872026 NC: 2026:KHC:44327 CRL.P No. 6713 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6713 OF 2026 BETWEEN: 1. MR. SAGAR, AGED ABOUT 35 YEARS, THE SECRETARY, COFFEE GROWERS, CO-OPERATIVE SOCIETY, HANUBALU - 573 165. 2. MS. SUSHEELA, THE MANAGER, AKSHAYA TREDERS COMPANY, R/AT, VASAVI COMPLEX, BELUR ROAD, GANGA COFFEE CURING WORKS, HASAAN - 573 201. 3. CHANDRASHEKAR. M. S., AGED ABOUT 42 YEARS, OCC: AREA SALES MANAGER, KPR CROP. SCIENCE PVT. LTD., DOOR NO. 3/92, NALLAMILLI ROAD, BICCAVOLU, EAST GODAVARI DISTRICT, ANDHRA PRADESH - 533 343. ALSO AT, S. NO. 108 AND 109, HALAVARTHI, TQ. AND DIST: KOPPAL - 583 231. …PETITIONERS (BY SRI. SANTOSH KUMAR, ADVOCATE FOR SRI. M.S. MATHAPATI, ADVOCATE) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010313872026 NC: 2026:KHC:44327 CRL.P No. 6713 of 2026 AND: THE GOVERNMENT OF KARNATAKA, R/BY AGRICULTURAL OFFICER AND SEEDS INSPECTORS, SAKALESHPURA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560 001. …RESPONDENT (BY SMT. DEEPTHI ALVA, HCGP FOR RI) THIS CRL.P IS FILED U/S.482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ORDER OF COGNIZANCE DATED 11.12.2025 IN C.C.NO.1417/2025 PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND J.M.F.C SAKALESHPURA FOR THE OFFENCE P/U/S 13 ABD 19(1)(a)(b) OF FERTILIZER CONTROL ORDER 1985 AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED NO.1 TO 3. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court seeking the following prayer: "WHEREFORE, it is most humbly prayed that this Hon'ble court may be pleased to quash the order of cognizance dated 11/12/2025 in C.C.No.1417/2025 pending on the file of learned Civil Judge and JMFC, Sakaleshpura for the offences punishable under Section 13 and 19(1)(a) and (b) of Fertiliser Control Order 1985 and quash the entire proceedings against the Accused No.1 to 3 in the interest of justice and equity." - 3 - HC-KAR CNR: KAHC010313872026 NC: 2026:KHC:44327 CRL.P No. 6713 of 2026 2. The primary contention of the petitioners is that as obtaining under Section 10 of the Fertilizer Control Order, the company has to be made a party to the proceedings. 3. Learned counsel for the petitioners submits that without making the company a party, the further proceedings are being continued now. It is further submitted that the issue in the lis stands completely answered by the judgment rendered by this Court in Crl.P.No.101660/2023 disposed on 01.08.2023, wherein it has held as follows: "The petitioner is before this Court calling in question proceedings in C.C. No.775/2023 registered for the offence punishable under Sections 3(2)(a)(d) read with Section 7 of the Essential Commodities Act. 2. Learned counsel for the petitioner submits that issue in the lis stands covered by the judgment rendered by the Coordinate Bench of this Court in Criminal Petition No.101235/2023. The Coordinate Bench of this Court has held as follows: 3. The brief facts of the case are as under :- A private complaint came to be filed by respondent No.2 who is the Fertilizer Inspector cum Agriculture Officer by name Basavaraj Sindhigeri with J.M.F.C., Ballari. Gist of the private complaint averments reveal in respect of fertilizer quality control programme, he went to 1st accused concern as fertilizer inspector. On enquiry, he found that unauthorized godowns were being run and unauthorized non-standard fertilizer are being sold by the 1st accused. Accordingly, he raided the said firm and collected the samples which were being sold in the - 4 - HC-KAR CNR: KAHC010313872026 NC: 2026:KHC:44327 CRL.P No. 6713 of 2026 1st accused concern. He drew the mahazar with regard to drawing of samples and sent the same to laboratory and found that the samples are non- standard and therefore, sought for action against the petitioner herein. 4. Being aggrieved by the action initiated by the complainant, accused No.3 is before this Court seeking quashing of further proceedings on the following grounds: a. That the impugned proceedings against the petitioner herein who is just an employee of the company is unsustainable without prosecuting the company. b. That the Section 10 of the Essential Commodities Act, provides that the employee of the company as well as the company have to be prosecuted for the any alleged offences. The present complaint being instituted without arraying the company as a party to the proceedings is vitiated by the incurable defect. Further there is misjoinder of cause of action as separate complaints ought to have been filed by the respondent No.2. c. It is submitted that this Hon'ble court in the case of Shri. Bireshwar Banerjee Vs. The State of Karnataka in Crl.P. No.102568/2022 decided on 14/09/2022 has held that the prosecution under the provisions of Essential Commodities Act, and Fertiliser Control Order against individual without impleading the company is not maintainable. d. That the alleged sample was collected in the absence of the petitioner. The respondent Nol.2 has not given any opportunity to get the samples re-analysed as per the provisions of the fertilizer control order. e. It is submitted that the a common complaint as against employees of different companies wherein the cause of action is mutually exclusive, the complaint is not maintainable. f. It is submitted that several samples of different companies are collected at the same time. The sample forms do not disclose whether the - 5 - HC-KAR CNR: KAHC010313872026 NC: 2026:KHC:44327 CRL.P No. 6713 of 2026 samples collected were from the expired products as such the complaint is not maintainable. 5. Reiterating the grounds urged in the petition, Sri.Santosh B Malligawad, learned counsel for the petitioner vehemently contended that since the company which manufactured the fertilizer of which the sample drawn from the 1st accused-firm is not made as party, proceeding case against accused No.3 is uncalled for and sought for setting aside the registration of case and proceeding with the criminal case in C.C.No.132/2022. 6. Per contra, High Court Government Pleader contended that non-impleading of the company which is the manufacturer of the fertilizer of which the sample is drawn is only formal in nature and therefore, sought for dismissal of the petition. 7. In view of the rival contentions of the parties, this Court perused the material on record meticulously. 8. On such perusal of the material on record, it is seen that Indian Farmers and Fertilizers Co- operative Limited (for short, ‘IFFCO’) is not made as a party to the private complaint. In order to appreciate the contentions urged on behalf of the petitioner, it is necessary to cull out Section 10 of the Essential Commodities Act which reads as under:- “10. Offences by companies.— (1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment if he proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention. - 6 - HC-KAR CNR: KAHC010313872026 NC: 2026:KHC:44327 CRL.P No. 6713 of 2026 (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.— For the purposes of this section,— (a) “company’’ means any body corporate, and includes a firm or other association of individuals; and (b) “director’’ in relation to a firm means a partner in the firm." 9. Since the company is not arraigned as an accused, taking cognizance by the learned Magistrate against the compliance officer and Liasoning Officer, is impermissible in view of Section 10 of the E.C. Act referred to (supra). Therefore, the order taking cognizance needs to be quashed by this Court by exercising the power vested in it U/sec.482 Cr.P.C. Hence, the following order is passed. In the light of the issue standing covered by the afore quoted judgment, the following. ORDER The criminal petition allowed. Pending proceedings against the petitioner in C.C. No.755/2023 on the file of the Principal Civil Judge and JMFC, Koppal are hereby quashed." 4. In the light of the issue standing answered, the learned HCGP would not dispute the position in law with regard - 7 - HC-KAR CNR: KAHC010313872026 NC: 2026:KHC:44327 CRL.P No. 6713 of 2026 to non-making of the company a party would vitiate the proceedings under Section 10 of the Fertilizer Control Order. 5. In the light of the order passed by this Court (supra) and for the reasons aforementioned, the following: ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C.No.1417/2025 pending before the Principal Civil Judge and JMFC, Sakaleshpura, stand quashed, qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE MCR List No.: 1 Sl No.: 21