- 1 - HC-KAR NC: 2026:KHC-D:830 CRL.P No. 104105 of 2025 C/W CRL.P No. 104103 of 2025 IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 22ND DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104105 OF 2025 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 104103 OF 2025 IN CRL.P.NO.104105/2025 BETWEEN: 1. ISHWARAPPA INGALAHALLI AGE MAJOR, OCC. PROPRIETOR, SHRI BASAWESHWAR KRUSHI KENDRA, T.A.P.M.C. SOCIETY, NEAR BUS STAND, KUNDGOL, TQ. KUNDGOL, DIST. DHARWAD-581001. 2. T. BALCHANDRA AGE MAJOR, OCC, MARKETING OFFICER, SPIC GREEN STAR FERTILISERS LTD., SPEAKER NAGAR, MUTHIYAMPURAM POST, TAMIL NADU. …PETITIONERS (BY SRI. M.L. VANTI, ADVOCATE FOR SRI. V.M. SHEELVANT, ADVOCATE) AND: THE STATE OF KARNATAKA FERTILIZER INSPECTOR CUM ASSISTANT DIRECTOR OF AGRICULTURE, KUNDGOL, R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001. …RESPONDENT (BY SMT. KIRTILATA R.PATIL, HCGP) Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench. - 2 - HC-KAR NC: 2026:KHC-D:830 CRL.P No. 104105 of 2025 C/W CRL.P No. 104103 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. AND U/S. 528 OF BNSS 2023, PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 IN C.C. NO.1375/2024 REGISTERED FOR OFFENCE PUNISHABLE UNDER 19(A) (B) OF FERTILIZER CONTROL ORDER, 1985 AND SECTION 7 OF ESSENTIAL COMMODITIES ACT, 1955 PENDING ON THE FILE OF SR.CIVIL JUDGE AND JMFC, KUNDGOL, IN THE INTEREST OF JUSTICE. IN CRL.P.104103/2025 BETWEEN: 1. MALLIKARJUN S. KARIGAR AGE MAJOR OCC. SECRETORY RAITA BELE RAKSHAKA SANGHA, GUDAGERI, TQ. KUNDGOL, DIST. DHARWAD-580001. 2. T. BALCHANDRA AGE MAJOR, OCC. MARKETING OFFICER, SPIC GREEN STAR FERTILISERS LTD., 14TH CROSS, JAYANAGAR, 2ND BLOCK, BANGALURU-560001. …PETITIONERS (BY SRI. M.L. VANTI, ADVOCATE FOR SRI. V.M. SHEELVANT, ADVOCATE) AND: THE STATE OF KARNATAKA FERTILIZER INSPECTOR CUM ASSISTANT DIRECTOR OF AGRICULTURE KUNDGOL, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. …RESPONDENT (BY SMT. KIRTILATA R. PATIL, HCGP) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. AND U/S. 528 OF BNSS 2023, PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS/ACCUSED NO.1 AND 2 IN C.C. NO.541/2025 REGISTERED FOR OFFENCE PUNISHABLE UNDER SECTION 7(1)(A) (2) OF THE ESSENTIAL COMMODITIES ACT, 1955 PENDING ON THE FILE OF SR.CIVIL JUDGE AND JMFC, KUNDGOL, IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2026:KHC-D:830 CRL.P No. 104105 of 2025 C/W CRL.P No. 104103 of 2025 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard Sri M.L.Vanti for Sri V.M.Sheelvant, learned counsel for petitioners and Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent. 2. These two petitions are filed by the accused challenging the order taking cognizance and proceeding with the criminal case in respect of the offences alleged against the petitioners under Section 19(A)(B) of Fertilizer Control Order, 1985 and Section 7 of the Essential Commodities Act, 1955. 3. Petitioners in both the cases would contend that they are only employee and retail seller of the alleged substandard fertilizer. 4. He would further contend that in the absence of arraigning the company/manufacturer as accused, criminal prosecution only against the employer or the retail seller is impermissible. - 4 - HC-KAR NC: 2026:KHC-D:830 CRL.P No. 104105 of 2025 C/W CRL.P No. 104103 of 2025 5. In that regard, he places reliance on the order passed by this Court in Criminal Petition No.101933/2022 dated 20.07.2022 and Criminal Petition No.100487/2023 dated 05.06.2023. 6. Per contra, Smt.Kirtilata R.Patil, learned High Court Government Pleader would contend that petitioners are also liable for the offences irrespective of the fact that the manufacturers/company is not arraigned as a party accused. 7. The Court having heard the arguments of both sides noted that under Section 10 of the Essential Commodities Act, 1968, unless the company is arraigned as a party in a criminal prosecution, no action can be taken for the offence under Section 7 of the Essential Commodities Act when the petitioners are employee of the fertilizer manufacturing company and retail seller. It cannot be presumed that they had the knowledge that seized material is substandard fertilizer. 8. Accordingly, criminal prosecution against the petitioners needs to be quashed. 9. Hence, following order is passed. - 5 - HC-KAR NC: 2026:KHC-D:830 CRL.P No. 104105 of 2025 C/W CRL.P No. 104103 of 2025 ORDER i. Both petitions are allowed. ii. Pending proceedings in C.C.No.1375/2024 and C.C.No.541/2025 on the file of Senior Civil Judge and J.M.F.C., Kundgol are hereby quashed. Sd/- (V.SRISHANANDA) JUDGE CLK Ct-cmu LIST NO.: 2 SL NO.: 62