- 1 - HC-KAR CNR: KAHC010049702022 NC: 2026:KHC:47851 WP No. 2259 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI WRIT PETITION NO. 2259 OF 2022 (GM-RES) BETWEEN: SRI KODANDARAMAREDDI K., S/O LATE K VENKU REDDY AGED ABOUT 67 YEARS REGISTERED ADMIN OFFICE M/S BALAJI WAREHOUSGIN COMAPNY PVT LTD VENKUS SADAN NO 610, 2ND CROSS, CHIKKAMARANAHALLI OFF NEW BEL ROAD BENGALURU - 560 094. …PETITIONER (BY SRI HITESH GOWDA B.J., ADVOCATE FOR SRI ABHISHEK K., ADVOCATE ) AND: 1. STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE KORA POLICE STATION TUMAKURU DISTRICT TUMKURU - 572 128 REP BY STATE PUBLIC PROSECUTOR. 2. TAHASILDAR GROUND FLOOR MINI VIDHANA SOUDHA TUMKUR TUMKURU TALUK, TUMKURU - 572 101. …RESPONDENTS (BY SRI MAHESHA P., HCGP FOR R1 & R2) Digitally signed by ANUSHA V Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010049702022 NC: 2026:KHC:47851 WP No. 2259 of 2022 THIS W.P. IS FILED UNDER ARTICLES 226 & 227 FO THE CONSTITUTION OF INDIA, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AND CHARGESHEET IN CC.NO.10135/2021 FOR ALLEGED OFFENCES U/S 3 AND 7 OF ESSENTIAL COMMODITIES ACT 1995 AND ALSO UNDER PROVISION OF DISASTER MANAGEMENT ACT PENDING AND FOUND AT ANNX- A AND D. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER Challenging charge sheet and entire proceedings in CC no.10135/2021 on file of II Additional Civil Judge, (Jr. Dvn.) and JMFC, Tumakuru, for offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955 and under Disaster Management Act, 2005, this petition is filed. 2. Sri Hitesh Gowda BJ, learned counsel appearing for Sri Abhishek K, advocate for petitioner submitted that petitioner was accused in impugned proceedings. Main ground of challenge was that petitioner was Chairman and Managing Director of M/s.Balaji Warehousing Pvt. Ltd. and though offence was alleged to have been committed by company, without arraying company, impugned proceedings would be defective - 3 - HC-KAR CNR: KAHC010049702022 NC: 2026:KHC:47851 WP No. 2259 of 2022 and this Court in Crl.P.no.5781/2023 [2025:KHC:5736] (Rudrappa's case); in Crl.P.no.100296/2023 [disposed of on 07.02.2023](Sri Mahesh Naik's case) and in Crl.P.no.100091/2023 [disposed of on 11.04.2023] (Sangappa Tenginakayi's case) had held said defect to be fatal. On said contention seeks for allowing petition. 3. Sri Mahesha P, learned HCGP for respondent-State also does not dispute fact that company is not arrayed as accused in present petition. 4. In view of above and following ratio laid down in Rudrappa; Mahesh Naik and Sangappa Tenginakayi's cases (supra), petition is allowed, proceedings in CC no.10135 of 2021 on file of II Additional Civil Judge, (Jr. Dvn.) and JMFC, Tumakuru, stand quashed. Sd/- (RAVI V HOSMANI) JUDGE YKL List No.: 1 Sl No.: 28