Karnataka High Court
Nagaraja S/O Shekhappa Uppin vs State Of Karnataka on 21 January, 2025
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 21ST DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 102250 OF 2024 (482(Cr.PC)/528(BNSS))
C/W
CRIMINAL PETITION NO. 102218 OF 2024
CRIMINAL PETITION NO. 102219 OF 2024
CRIMINAL PETITION NO. 102220 OF 2024
CRIMINAL PETITION NO. 102245 OF 2024
CRIMINAL PETITION NO. 102249 OF 2024
CRIMINAL PETITION NO. 102251 OF 2024
CRIMINAL PETITION NO. 102257 OF 2024
CRIMINAL PETITION NO. 102259 OF 2024
CRIMINAL PETITION NO. 102260 OF 2024
CRIMINAL PETITION NO. 102261 OF 2024
CRIMINAL PETITION NO. 102307 OF 2024
CRIMINAL PETITION NO. 102762 OF 2024
IN CRL.P. NO.102250 OF 2024:
BETWEEN:
1. GURANNA S/O SHEKHAPPA UPPIN,
AGE: 45 YEARS, OCC: BUSINESSMAN,
R/O: ITAGI VILLAGE, TQ: RANEBENNUR,
Digitally signed by B
K
HAVERI-581 110, NOW AT: RANEBENNUR,
MAHENDRAKUMAR
BK Location: HIGH
KOMAL NAGAR, DIST: HAVERI-581 110.
MAHENDRAKUMAR COURT OF
KARNATAKA
DHARWAD BENCH
Date: 2025.01.23
11:46:58 +0530
2. SHIVARAJ G.K. S/O KRISHNAPPA,
AGE: 22 YEARS, OCC: DRIVER,
R/O: GANDHINAGAR VILLAGE,
TUMKURU-572 101.
3. MARUTI S/O SANJIVAYYA,
AGE: 22 YEARS, OCC: CLEANER,
R/O: BELADAR VILLAGE,
TUMKURU-572 101.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
-2-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
AND:
1. STATE OF KARNATAKA,
BY PSI RANEBENNUR RURAL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 001.
2. MALATESH S/O CHANABASAPPA MAGALMANI,
AGE: 48 YEARS, OCC: GOVT. OFFICIAL NON GAZETTED,
R/O: RANEBENNUR, HAVERI,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 001.
... RESPONDENTS
(BY SRI. T. HANUMAREDDY, ADDL. GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 3 IN CC NO.1096/2022 PENDING
ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC,
RANEBENNUR, FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF
ESSENTIAL COMMODITIES ACT, 1955, IN THE INTEREST OF
JUSTICE.
IN CRL.P. NO.102249 OF 2024:
BETWEEN:
1. BANAKAR JAGADISH S/O. NAGENDRAPPA BANAKAR
AGE. 42 YEARS, OCC. DRIVER,
R/O. THAVARAGUNDI VILLAGE,
TQ. HARAPANAHALLI, VIJAYANAGAR-583201.
2. ARUN S/O. SANKAPPA VALIKAR
AGE. 19 YEARS, OCC. LABOURER,
R/O. ITAGI VILLAGE, TQ. RANEBENNUR,
DIST. HAVERI-581110.
3. KARIBASAPPA S/O. LATE KOTRESHAPPA
AGE. 45 YEARS, OCC. BUSINESS,
R/O. THAVARAGUNDI VILLAGE,
TQ. HARAPANAHALLI, VIJAYANAGAR-583201.
-3-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
4. GURURAJA S/O. LATE SHEKAPPA
AGE. 47 YEARS, OCC. LABOURER,
R/O. ITAGI VILLAGE, TQ. RANEBENNUR,
DIST. HAVERI-581110.
5. NAGARAJ S/O. LATE SHEKAPPA UPPIN
AGE. 44 YEARS, OCC. FARMER,
R/O . ITAGI VILLAGE, TQ. RANEBENNUR,
DIST. HAVERI-581110.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI HIREHADAGALI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. SMT. BHARATI
OCC. FOOD INSPECTOR,
R/O. HOOVIN HADAGALI, TQ. HADAGALI,
VIJAYANAGAR, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 5 IN CC NO.1362/2023 PENDING
ON THE FILE OF CIVIL JUDGE AND JMFC, HUVINAHADAGALI, FOR
THE OFFENCES PUNISHABLE U/S 3, 7 AND 6(A) OF ESSENTIAL
COMMODITIES ACT, 1955 AND KARNATAKA ESSENTIAL
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION) ORDER 1981 U/S 4, 8, 3(2) (1), KARNATAKA
ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM)
PUBLIC CONTROL ORDER 2016 U/S 3, 4, 12, 18, 19, IPC 1860 U/S
420.
-4-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
IN CRL.P. NO.102218 OF 2024:
BETWEEN:
1. PRASHANT CHANDRASHEKAR BENNUR
AGE. 28 YEARS, OCC. BUSINESS,
R/O. BILAGI KILLA GALLI, TQ. BILAGI,
BAGALKOT-587116, KARNATAKA.
2. SHABBIR HUSAINSAB BAGAWAN
AGE. 30 YEARS, OCC. DRIVER,
R/O. BILAGI KORTI R.C., TQ. BILAGI,
BAGALKOT-587116, KARNATAKA.
3. DONGARISAB S/O. LALASAB JAMADAR
AGE. 36 YEARS, OCC. LORRY OWNER
BEARING NO.KA 29B6969,
R/O. NO.336/2, NAGARAL, BAGLKOT-587116.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI LOKAPUR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
2. DATTATARYA BALAVANTARAO DESHPANDE
AGE. 56 YEARS, OCC. GOVT. OFFICIAL
NON-GAZETTED, R/O. TEM, OFFICE,
TQ. MUDHOL, DIST. BAGALKOT-587116,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, ADDL GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE COMPLAINT AND FIR REGISTERED IN
LOKAPUR POLICE STATION CRIME NO.79/2024 PENDING ON THE
-5-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
FILE OF ADDL.CIVIL JUDGE (SR.DN) AND CJM COURT, MUDHOL,
DIST. BAGALKOT FOR THE OFFENCES PUNISHABLE U/S 3 AND 7
OF ESSENTIAL COMMODITIES ACT, 1955 AND U/S 18 OF
KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION
SYSTEM) PUBLIC CONTROL ORDER, 1992.
IN CRL.P. NO.102219 OF 2024:
BETWEEN:
BASAPPA SADAPPA MADAR
AGE. 31 YEARS, OCC. DRIVER,
R/O. KALLOLLI VILLAGE,
TQ. JAMAKHANDI, DIST. BAGALKOT.
...PETITIONER
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI MUDHOL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
2. DATTATREYA S/O. BALAVANTARAO DESHPANDE
AGE. 56 YEARS, OCC. STATE GOVT. EMPLOYEE,
R/O. MUDHOL, BAGALKOT,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE COMPLAINT AND FIR REGISTERED IN
MUDHOL POLICE STATION CRIME NO.95/2024 PENDING ON THE
FILE OF ADDL.CIVIL JUDGE (SR.DN) AND CJM COURT, MUDHOL,
DIST. BAGALKOT FOR THE OFFENCES PUNISHABLE U/S 3 AND 7
OF ESSENTIAL COMMODITIES ACT, 1955.
-6-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
IN CRL.P. NO.102220 OF 2024:
BETWEEN:
1. SIDDANNA MASKI
AGE. ADULT, OCC. BUSINESS,
R/O. GANGAVATI, TQ. GANGAVATI,
DIST. KOPPAL-583231.
2. GOPAL ILAKAL
AGE. ADULT, OCC. BUSINESS,
R/O. GANGAVATI, TQ. GANGAVATI,
DIST. KOPPAL.
3. GURU
AGE. ADULT, OCC. BUSINESS,
R/O. SINDANURU, TQ. SINDANURU,
DIST. RAICHUR-584110.
4. ANIL PATTANASHETTY
AGE. ADULT, OCC. BUSINESS,
R/O .GADAG, TQ. GADAG
DIST. GADAG-582101.
5. SHRIDHAR
AGE. ADULT, OCC. BUSINESS,
R/O. GADAG, TQ. GADAG,
DIST. GADAG-582101.
6. KHAJAHUSSAIN
AGE. ADULT, OCC. BUSINESS,
R/O. GADAG, TQ. GADAG,
DIST. GADAG-582101.
7. T. VIJAYAVANI W/O. VITHOBAYYA SHETTY
OWNER OF SRI. VASAVI ENTERPRISES,
AGE. ADULT, OCC. BUSINESS,
R/O POTANAL, TQ. MANVI,
DIST. RAICHUR-584110.
8. NAYAZ PASHA ALTAFPASHA
AGE. ADULT, OCC. BUSINESS,
R/O. MANDYA, TQ. MANDYA,
DIST. MANDYA-571401.
-7-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
9. SHAKEEL AHMED GM. MD HANEEF
AGE. ADULT, OCC. BUSINESS,
R/O. BEEDI KARMIKARA COLONY,
KERE ANGALA, TQ. MANDYA,
DIST. MANDYA-571401.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI KUKANOOR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. DATTAPPAYYA S/O. NINGAPPAYYA HAKKI
AGE. 52 YEARS, OCC. REVENUE OFFICER,
R/O. KUKANOOR, TQ. KUKANOOR,
DIST. BAGALKOT, REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE COMPLAINT AND FIR REGISTERED IN
KUKNOOR POLICE STATION CRIME NO.80/2024 PENDING ON THE
FILE OF CIVIL JUDGE AND JMFC ITINERARY COURT, KUKANOOR,
KOPPAL, FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF
ESSENTIAL COMMODITIES ACT, 1955.
IN CRL.P. NO.102245 OF 2024:
BETWEEN:
1. UDAY S/O. BHEEMAPPA KARTIMALAR
AGE. 35 YEARS, OCC. DRIVER,
R/O. MEDALERI VILLAGE,
TQ. RANEBENNUR, HAVERI-581110.
2. GURURAJ S/O. SHEKHAPPA UPPIN
AGE. ADULT, OCC. DRIVER,
-8-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
R/O. ITAGI VILLAGE,
TQ. RANEBENNUR, HAVERI-581110.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI HALAGERI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
2. DEVENDRAGOUDA S/O. MALLIKARJUNGOUDA PATIL
AGE. 43 YEARS,
OCC. GOVT. OFFICIAL NON-GAZETTED,
R/O. RANEBENNUR, DIST. HAVERI,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-581110.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH COMPLAINT AND FIR REGISTERED IN
HALAGARI POLICE STATION CRIME NO. 88/2024 PENDING ON THE
FILE OF 1ST ADDL. SENIOR CIVIL JUDGE AND JMFC COURT,
RANEBENNUR FOR THE OFFENCE P/U/SEC. 3 AND 7 OF
ESSENTIAL COMMODITIES ACT, 1955.
IN CRL.P. NO.102251 OF 2024:
BETWEEN:
GURURAJ S. UPPIN
AGE. 42 YEARS, OCC. BUSINESS,
R/O. ITAGI, TQ. RANEBENNUR,
DIST: HAVERI-581110.
...PETITIONER
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI HALAGERI POLICE STATION, HAVERI,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
-9-
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. NAGARAJ S/O. GURUNATH BHAT
AGE. 40 YEARS,
OCC. GOVT. OFFICIAL NON-GAZETTED,
R/O. HALIYURU, DASANAKERI, SHIKARIPUR,
RAGHAVENDRA SWAMI MATH,
AT. SHIKARIPUR, DIST. SHIVAMOGGA,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH COMPLAINT AND FIR REGISTERED IN
HALAGERI POLICE STATION CRIME NO.158/2022 PENDING ON
THE FILE OF ADDL. CIVIL JUDGE (SR.DN) AND CJM COURT,
RANEBENNUR, FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF
ESSENTIAL COMMODITIES ACT, 1955.
IN CRL.P. NO.102257 OF 2024:
BETWEEN:
1. DEVARAJA S/O. GUTTEPPA NADUVINAMANI
AGE. 40 YEARS, OCC. FARMER,
R/O.HIREMORAB VILLAGE,
TQ. RATTIHALLI, HAVERI-581110.
2. GURURAJA S/O. SHEKAPPA UPPINA
AGE. 45 YEARS, OCC. BUSINESSMAN,
R/O. ITAGI VILLAGE, TQ. RANEBENNUR,
DIST. HAVERI-581110.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI RANEBENNUR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
- 10 -
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
DHARWAD BENCH-580001.
2. STEVEN S/O. CHANDRAKANT ANGADI
AGE. 44 YEARS,
OCC. STATE GOVT. EMPLOYEE,
R/O. THASILDAR OFFICE, FOOD SECTION,
TQ. RANEBENNUR, DIST. HAVERI-581110.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.2 AND 3 IN CC NO.345/2023, PENDING
ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC,
RANEBENNUR, FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF
ESSENTIAL COMMODITIES ACT, 1955.
IN CRL.P. NO.102259 OF 2024:
BETWEEN:
NAGARAJA S/O. SHEKHAPPA UPPIN
AGE. 38 YEARS, OCC. BUSINESSMAN,
R/O. ITAGI VILLAGE, TQ. RANEBENNUR,
HAVERI-581110.
...PETITIONER
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI RANEBENNUR RURAL POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH CORT OF KARNATAKA,
DHARWAD BENCH -580001.
2. VASANT H.C.
AGE. 35 YEARS, OCC. POLICE OFFICER,
R/O. RANEBENNUR, HAVERI,
- 11 -
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONER/ACCUSED IN CC NO.1337/2018, PENDING ON THE
FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC, RANEBENNUR,
FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF ESSENTIAL
COMMODITIES ACT, 1955.
IN CRL.P. NO.102260 OF 2024:
BETWEEN:
1. JAGADEESHA S/O. NAGENDRAPPA BANAKAR
AGE. 40 YEARS, OCC. LABOUR,
R/O. THAVARAGUNDI VILLAGE,
TQ. HARAPANAHALLI, VIJAYANAGAR-583201.
2. MANJUNATH S/O. GUDDAPPA JAKKAPPANAVAR
AGE. 29 YEARS, OCC. LABOUR,
R/O. RANEBENNUR, KARABAGERI,
KICHADIYAVA STREET,
RANEBNNUR, HAVERI-581110.
3. GURURAJ S/O. SHEKAPPA UPPIN
AGE. 44 YEARS, OCC. FARMER,
R/O. ITAGI VILLAGE, TQ. RANEBNNUR,
HAVERI-581110.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI RANEBENNUR POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. SHIVAPPA S/O. MAHADEVEPPA VANALLI
AGE. 38 YEARS,
OCC. STATE GOVT. EMPLOYEE,
- 12 -
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
R/O. RANEBENNUR THASILDAR OFFICE,
TQ. RANEBENNUR, HAVERI,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
...RESPONDENTS
(BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 3 IN CC NO.1215/2023, PENDING
ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND JMFC,
RANEBENNUR, FOR THE OFFENCES PUNISHABLE U/S 3 AND 7 OF
ESSENTIAL COMMODITIES ACT,1955 AND SECTION 177 OF INDIAN
MOTORS ACT, 1988.
IN CRL.P. NO.102261 OF 2024:
BETWEEN:
1. MADIVALARA RAJAPPA @ AGASARA
RAJAPPA S/O. PUTTAPPA,
AGE. 50 YEARS, OCC. FARMER,
R/O. HALAVAGALU VILLAGE,
TQ. HARAPANAHALLI, VIJAYANAGAR-583201.
2. JAGADISH S/O. NAGENDRAPPA BANAKAR
AGE. 42 YEARS, OCC .DRIVER,
R/O. THAVARAGUNDI VILLAGE,
TQ. HARAPANAHALLI, VIJAYANAGAR-583201.
3. GURURAJ S/O. LATE SHEKAPPA UPPIN
AGE. 47 YEARS, OCC. LABOURER,
R/O. MRUTUNJAYANAGAR,
TQ. RANEBENNUR, DIST. HAVERI-581110.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI HIREHADAGALI POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
- 13 -
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
2. SMT. VANISREE P
AGE. OCC. FOOD INSPECTOR,
R/O. HOOVIN HADAGALI,
TQ. HADAGALI, VIJAYANAGAR,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580001.
...RESPONDENTS
(BY SRI. T.HANUMAREDDY, ADDL GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 3 IN CC NO.1221/2023, PENDING
ON THE FILE OF CIVIL JUDGE AND JMFC, HUVINAHADAGALI, FOR
THE OFFENCES PUNISHABLE U/S 3, 7 AND 6(A) OF ESSENTIAL
COMMODITIES ACT, 1955 AND KARNATAKA ESSENTIAL
COMMODITIES (STORAGE ACCOUNTS MAINTAINING VALUE
NOTIFICATION) ORDER 1981 U/S 4, 8, 3(2) (1), KARNATAKA
ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION SYSTEM)
PUBLIC CONTROL ORDER 2016 U/S 3, 4, 12, 18, 19 AND IPC 1860
U/S 420.
IN CRL.P. NO.102307 OF 2024:
BETWEEN:
1. BASAVARAJ MUTTAPPA VAJRAMATTI
AGE. 32 YEARS, OCC. DRIVER,
R/O. KOLHAR, VIJAPURA-586101.
2. MALLIKARJUN RACHAPPA BIRADAR
AGE. 35 YEARS, OCC. OWNER OF LORRY,
R/O. GANIGA, MATYAL VILLAGE,
KOLHAR, VIJAPUR-586101.
3. JUBER
AGE. 30 YEARS, OCC. COOLIE,
R/O. KOLHAR, JAMKHANDI,
BAGALKOT-587101, KARNATAKA.
- 14 -
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
4. HAJILAL PAILWAN
AGE. 48 YEARS, OCC. BUSINESS,
R/O. JAMKHANDI, BAGALKOT-587101,
KARNATAKA.
...PETITIONERS
(BY SRI. M.L.VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY PSI JAMAKHANDI TOWN POLICE STATION,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
2. SURESH S/O. DHAREPPA DALAWAI
AGE. 59 YEARS, OCC. GOVT. OFFICIAL,
R/O. JAMAKHANDI, BAGALKOT-587101,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.
...RESPONDENTS
(BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO, QUASH COMPLAINT AND FIR REGISTERED IN
JAMKHANDI TOWN POLICE STATION CRIME NO.75/2024 PENDING
ON THE FILE OF PRL.CIVIL JUDGE AND JMFC COURT, JAMKHANDI,
BAGALKOT FOR THE OFFENCES PUNISHABLE U/S 3 AND 7(2) OF
ESSENTIAL COMMODITIES ACT 1955, IN SO FAR
PETITIONERS/ACCUSED NO.1 TO 4 ARE CONCERNED.
IN CRL.P. NO.102762 OF 2024:
BETWEEN:
1. SHARANAPPA
S/O. HUCHCHAPPA NEEDAGUNDI,
AGE: 35 YEARS, OCC: BUSINESSMAN,
R/O: BELUR, TQ: BADAMI,
BAGALKOT-587 101.
- 15 -
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
2. PRAVEEN S/O. SHIVAPPA CHIKKOPPAD,
AGE: 25 YEARS, OCC: DRIVER,
R/O: BELUR, TQ: BADAMI,
BAGALKOT-587 101.
3. IMRAN S/O. REHAMANSAB BAGAWAN,
AGE: 30 YEARS, OCC: LABOUR,
R/O: GANACHARI GALLI,
BAGALKOT-587 101.
... PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
BY PSI BADAMI POLICE STATION,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 001.
2. MANJUNATH S/O. SHEKHARAPPA ROTTI,
AGE: 37 YEARS, OCC: GOVT. OFFICIAL NON-GAZETTED,
R/O: BADAMI, TQ: BADAMI, BAGALKOT,
R/BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580 001.
... RESPONDENTS
(BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 AND R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528
OF BNSS), PRAYING TO QUASH THE PROCEEDINGS AGAINST THE
PETITIONERS/ACCUSED NO.1 IN C.C. NO.114/2023 PENDING ON
THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT, BADAMI FOR
THE OFFENCE PUNISHABLE U/S 3 AND 7 OF ESSENTIAL
COMMODITIES ACT 1955, IN THE INTEREST OF JUSTICE.
THESE PETITIONS COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
- 16 -
NC: 2025:KHC-D:1012
CRL.P No. 102250 of 2024
AND CONNECTED MATTERS
ORAL ORDER
Since the issue involved in all these petitions is similar, they are taken up together, heard and disposed of by a common order.
2. Petitioners in all these petitions are facing investigation/trial for the offence punishable under Sections 3 and 7 of the Karnataka Essential Commodities Act, 1955. The allegation against these petitioners are similar and the allegations are that the petitioners were transporting the rice/food grains meant for distribution under the Public Distribution Scheme (PDS) unauthorizedly without having any valid license or permit.
3. On receiving credible information, the Food Inspector intercepted the vehicles in which the rice/food grains were allegedly meant for distribution under the Public Distribution Scheme (PDS) was transported and upon search and seizer it was discovered that the petitioners were transporting the rice/food grains meant for distribution under the Public Distribution Scheme unauthorizedly without having any valid license or permit.
4. Heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondent-State.
5. The issue involved in these petitions was examined by the Co-ordinate Bench of this Court in Crl.P.No.200775/2023 and other connected petitions disposed of on 5.7.2023, wherein, at para Nos. 5 to 22 it is ruled as follows:
- 17 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS "5. The Essential Commodities Act, 1955 was enacted in the interests of the general public, for the control of the production, supply and distribution of and trade and commerce in certain commodities.
6. Section 3 deals with the powers to control production, supply, distribution, etc., of essential commodities.
7. Section 7 deals with penalties, if any, person contravenes any order made under Section 3 of the Act.
8. Section 10A specifies that, the offences under the Act are cognizable.
9. Section 11 deals with cognizance of offences, and specifies, that no Court shall take cognizance of any offence punishable under this Act except on a report in writing of the facts constituting such offence made by a person who is a public servant as defined in Section 21 of Indian Penal Code or any person aggrieved or any recognized consumer association, whether such person is a member of that association or not.
10. To put it simply, the Court can take cognizance of the offence punishable under this Act on a private complaint in writing by a public servant or on a report in writing of fact including the officer in charge of the Police Station after investigation under Section 173(2) of Cr.PC. In the instant case, in all these cases, the Food Inspector, who is the Authorized Officer under the Control Order, 1992 and Control Order, 2016 has conducted search and seizure of the food grains/rice meant for distribution under PDS.
11. The State Government, in exercise of power conferred under sub-Section (5) of Section 24 of the National Food Security Act, 2013, framed Rules called as Karnataka Essential Commodities Public Distribution (Control) Order, 2016.
12. Rule 19 of the Control Order, 2016 deals with powers of entry, search, seizure etc. The Authorized Officer under Rule 19, if has reason to believe that there is any contravention of the provisions of this order or with a view to securing compliance with this order or to satisfying himself that there is or has been any contravention of the order or with a view to securing information which he has reason to believe would help in detection or prevention of contravention of provisions of this order or diversion of PDS commodities, may require the owner, or occupier any other person in charge of any place, premises, vehicle or vessel in which he has reason to believe that any contravention of the
- 18 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS provisions of this order or of the conditions of any authorization issued there under has been, is being or is about to committed.
13. Clause (2) of Rule 19 of the Control Order, 2016 specifies that, the provisions of Section 100 of Cr.PC relating to search and seizure shall so far may be apply to searches and seizures under this Clause.
14. A conjoint reading of Section 10A of the Essential Commodities Act and Rule 19 of the Control Order, 2016 indicate that, if the Food Inspector has any reason that, there has been any contravention of the provisions of the Control Order, 2016, he can conduct search and seizure of the vehicle, in which, it is alleged that, the food grains meant for distribution under PDS is being transported unauthorizedly.
15. Though the offences are cognizable, Rule 19 of the Control Order, 2016 empowers the Authorized Officer to conduct search and seizure so as to satisfy himself that, there has been contravention of the order, and there is no requirement for the Authorized Officer to register FIR, and thereafter conduct search and seizure of the food grains meant for distribution under PDS.
16. Section 100 of Cr.PC specifies that whenever any place liable to search or inspection under this Chapter is closed, any person residing in, or being in charge of, such place shall on demand of the officer or other person executing the warrant, and on production of the warrant, allow him free ingress thereto, and afford all reasonable facilities for a search therein.
17. A reading of the said provision indicates that, the search can be conducted in respect of the place after obtaining a warrant. In the instant case, the search and seizure of the food grains were from the vehicles, in which, it is alleged that, the food grains meant for distribution under PDS were transported unauthorizedly. The Food Inspector, who is authorized under Rule 19 of the Control Order, 2016, is empowered to conduct search and seizure without obtaining a warrant from the learned Magistrate. Hence, the search and seizure conducted by the Food Inspector is in accordance with the provisions contained in Control Order, 2016.
18. The petitioners - accused herein have been implicated for the offences punishable under Sections 3 and 7 of the Essential Commodities Act including the provisions of the Control Order, 1992. Rule 21 of the Control Order, 2016 read as follows:
- 19 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS "21. Repeal and Savings: The Karnataka Essential Commodities Public Distribution System (Control) Order 1992 is hereby repealed.
Provided that such repeal shall affect:
(a) the previous operation of the said orders or anything duty done or suffered there under. Or
(b) any right, privilege, application or liability acquire, accrued or incurred under the said order; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said order: or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, application, liability, penalty, forfeiture or punishment as aforesaid:
and any such investigation, legal proceeding or remedy may be instituted continued, or enforced and any such penalty, forfeiture or punishment may be imposed as if the said orders have not been repealed."
19. A reading of Rule 21 indicates that, the Control Order, 1992 is repealed with effect from the publication of 2016 Order in the official gazette, i.e. 10.6.2016. The offences alleged against the petitioners - accused are allegedly committed after commencement of the Control Order, 2016, and despite the repealing of the Control Order, 1992, the petitioners - accused have been implicated for the offences punishable under the Control Order, 1992. Article 20(1) of the Constitution of India specifies that no person shall be convicted for breach of law, which is not in force at the time of commission of such offence. Hence, the registration of FIR culminating in taking cognizance of the offence punishable under Control Order, 1992 stands vitiated.
20. The Coordinate Bench of this Court in W.P.No.36438- 439/2014 and W.P.No.36542/2014 (GM-EC) disposed of on 03.12.2014, at Para No.14, has held as under:-
"14. In the instant case, petitioners are not authorized dealers. They are not shown to be engaged in purchase, storage or sale of food grains which were issued to the authorized dealer for distribution under the public distribution system. Therefore, essential ingredient explicitly stated under Clause 18 (a) i.e., the goods / commodities must have been issued to the authorized dealer under the public distribution system is missing. No finding is recorded by the 1st respondent in this regard. In fact, there is
- 20 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS no material whatsoever to indicate this aspect. Therefore, as rightly contended by the learned counsel for the petitioners, unless there is material to show that the commodities were issued to an authorized dealer for distribution under the public distribution system or that a person other than the authorized dealer had sought to purchase or sell or store or offer for sale food grains meant for distribution under public distribution system through the price depots, prohibition contained under Clause 18 (a) of the Control Order would not be attracted. In the absence of such findings such action will not attract penal measure including seizure or forfeiture."
21. Perusal of the charge sheet material indicates that, the allegation against the accused herein is that, they were transporting the food grains meant for distribution under PDS unauthroizedly. The charge sheet material does not disclose as to where the accused procured the food grains meant for distribution under PDS, and also no material is placed that, the seized food grains were meant for distribution under PDS. In the absence of any material that, the seized food grains were meant for distribution under PDS, the registration of FIR culminating in laying the charge sheet stands vitiated.
22. The Food Inspector is only authorized to conduct search and seizure of the food grains meant for distribution under PDS as specified under Rule 19 of the Control Order, 2016. If a person is transporting rice which is notified as an essential commodity without permit, it is for the police concerned to seize the same by following due process of law."
6. In the instant cases, there is no substantive evidence to establish that the rice/food grains transported by the petitioners were meant for distribution under the Public Distribution Scheme and if the petitioners were transporting the rice/food grains unauthorizedly without valid licence or permit, it was for the concerned Police Inspector to conduct search and seizer under the Karnataka Essential Commodities Act, 1955, by following due process of the law.
- 21 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS
7. Accordingly, the petitions are allowed.
Crl.P.No.102250/2024:
The impugned proceeding in CC No.1096/2022 arising out of Crime No.0123/2020 registered by the Ranebennur Rural Police Station, pending on the file of the learned Principal Senior Civil Judge and JMFC, Ranebennur, insofar as it relates to the petitioners - accused No.1 to 3 is hereby quashed.
Crl.P.No.102249/2024:
The impugned proceeding in CC No.1362/2023 arising out of Crime No.77/2023 registered by the Hirehadagalli Police Station, pending on the file of the learned Civil Judge and JMFC, Huvinahadagali, insofar as it relates to the petitioners - accused No.1 to 5 is hereby quashed.
Crl.P.No.102218/2024:
The impugned FIR in Crime No.79/2024 registered by the Lokapur Police Station, pending on the file of the learned Additional Civil Judge (Sr. Dn.) and CJM Court, Mudhola, Bagalkot, insofar as it relates to the petitioners - accused No.1 to 3 is hereby quashed.
Crl.P.No.102219/2024:
The impugned FIR in Crime No.95/2024 registered by the Mudhol Police Station, pending on the file of the learned Additional
- 22 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS Civil Judge (Sr.Dn.) & CJM Court, Mudhol, insofar as it relates to the petitioner-accused No.1 is hereby quashed.
Crl.P.No.102220/2024:
The impugned FIR in Crime No.80/2024 registered by the Kuknoor Police Station, pending on the file of the learned Civil Judge and JMFC, Ltinerary Court, Kukanoor, Koppal insofar as it relates to the petitioners - accused No.1 to 9 is hereby quashed.
Crl.P.No.102245/2024:
The impugned FIR in Crime No.88/2024 registered by the Halageri Police Station, pending on the file of the learned 1st Additional Senior Civil Judge & JMFC Court, Ranebennur, insofar as it relates to the petitioners - accused No.1 and 2 is hereby quashed.
Crl.P.No.102251/2024:
The impugned FIR in Crime No.158/2022 registered by the Halageri Police Station, pending on the file of the learned Additional Civil Judge (Sr.Dn.) & CJM Court, Ranebennur, insofar as it relates to the petitioner - accused is hereby quashed.
Crl.P.No.102257/2024:
The impugned proceeding in CC No.345/2023 arising out of Crime No.0181/2021 registered by the Ranebennur Town Police Station, pending on the file of the learned II Additional Senior Civil
- 23 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS Judge and JMFC, Ranebennur, insofar as it relates to the petitioners - accused No.2 and 3 is hereby quashed.
Crl.P.No.102259/2024:
The impugned proceeding in CC No.1337/2018 arising out of Crime No.0122/2018 registered by the Ranebennur Rural Police Station, pending on the file of the learned Principal Senior Civil Judge and JMFC, Ranebennur, insofar as it relates to the petitioner
- accused is hereby quashed.
Crl.P.No.102260/2024:
The impugned proceeding in CC No.1215/2023 arising out of Crime No.69/2022 registered by the Ranebennur Town Police Station, pending on the file of the learned II Additional Senior Civil Judge and JMFC, Ranebennur, insofar as it relates to the petitioners - accused Nos.1 to 3 is hereby quashed.
Crl.P.No.102261/2024:
The impugned proceeding in C.C.No.1221/2023 arising out of Crime No41/2023 registered by the Hirehadagali Police Station, pending on the file of the learned Civil Judge and JMFC Court, Huvinahadagali, insofar as it relates to the petitioners
- accused Nos.1 to 3 is hereby quashed.
- 24 -
NC: 2025:KHC-D:1012 CRL.P No. 102250 of 2024 AND CONNECTED MATTERS Crl.P.No.102307/2024:
The impugned FIR in Crime No.75/2024 registered by the Jamkhandi Town Police Station, pending on the file of the learned Prl. Civil Judge and JMFC Court, Jamkhandi, Bagalkot, insofar as it relates to the petitioners - accused No.1 to 4 is hereby quashed.
Crl.P.No.102762/2024:
The impugned proceeding in CC No.114/2023 arising out of Crime No.0116/2022 registered by the Badami Police Station, pending on the file of the learned Principal Civil Judge and JMFC, Court, Badami, insofar as it relates to the petitioners - accused Nos.1 to 3 is hereby quashed.
In view of disposal of these petitions, pending interlocutory applications, if any, do not survive for consideration, and stands disposed of.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh