Karnataka High Court
Sri Muruli V vs The State Of Karnataka on 4 March, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:9037
CRL.P No. 1308 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 1308 OF 2024
BETWEEN:
1. SRI MURULI V
S/O VENKATESH
AGED ABOUT 29 YEARS
DRIVER OF VEHICLE No.KA-17/D-6930
YALLAPURA MADUGIRI ROAD
TUMAKURU TOWN - 572 101.
2. SRI SHEKH MARKOM AHAMAD
S/O SHEKH NOOR AHAMED
AGED ABOUT 54 YEARS
OWNER OF LORRY NO.KA-17/D-6930
BESIDE SARVODAYA COLLEGE
R.T. NAGARA, TUMAKURU TOWN
TUAMKURU - 572 101.
...PETITIONERS
(BY SRI VASANTHAKUMAR K.M, ADV.)
AND:
Digitally signed by B
A KRISHNA KUMAR
Location: HIGH 1. THE STATE OF KARNATAKA
COURT OF
KARNATAKA REPTD CHALLAKERE POLICE SATION
CHALLAKERE, CHITRADURGA DISTRICT
NOW REPRESENTED BY STATE P P
HIGH COURT OF KARNATAKA BUILDING
BENGALURU - 560 001.
2. SRI SRINIVAS P
AGED ABPTI 53 YEARS
S/O PEDDA LAKASHAMANA
FOOD SECTION, TALUK OFFICE
CHALLAKERE TOWN - 577 522
CHITRADURGA DISTRICT.
...RESPONDENTS
(BY SRI R. RANGASWAMY, HCGP)
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NC: 2024:KHC:9037
CRL.P No. 1308 of 2024
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.1914/2022 PENDING ON THE FILE
OF PRL. CIVIL JUDGE AND JMFC COURT, CHALLAKERE,
CHITRADURGA DIST., FILED U/S 3 AND 7 OF THE ESSENTIAL
COMMODITIES ACT, 1955 R/W SEC. 420 OF IPC, HEREIN BEING
TOTALLY ARBITRARY, ERRONEOUS WITHOUT JURSIDICTION AND
AMOUNTING TO ABUSE OF PROCESS OF COURT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
1. Petitioners are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.1914/2022 pending before the Court of Principal Civil Judge and JMFC, Challakere, Chitradurga District, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 read with Section 420 of IPC.
2. Heard the learned counsel for the parties.
3. Learned counsel for the petitioners submits that the matter is covered by the judgment of this Court rendered in Crl.P.No.101518/2017 disposed of on 06.02.2019 and also in Crl.P.No.7648/2019 disposed of on 26.09.2022.
4. Learned HCGP does not seriously dispute the submission made by learned counsel for the petitioners. -3-
NC: 2024:KHC:9037 CRL.P No. 1308 of 2024
5. FIR in Crime No.76/2022 was registered by Challakere Police Station, Chitradurga District on the complaint of Srinivas P, Tahsildar. Petitioners are the owners of the vehicle and of the goods that was transported in the vehicle that was intercepted and seized in the present case. Petitioners have produced a letter from Food Corporation of India dated 13.04.2022 which is addressed to the Sub-Inspector of Police, Challakere Police Station, Challakere, wherein it is stated that the sample rice which was forwarded for the purpose of examination cannot be said to be meant for distribution under the PDS Scheme. It is also stated in the said letter that similar variety of rice is available in the market and the Food Corporation of India does not store rice in plastic bags and therefore, it cannot be said that the seized bags belong to Annabhagya Yojana or was meant for PDS.
6. A Co-ordinate Bench of this Court in similar circumstances in Crl.P.No.10158/2017 disposed of on 06.02.2019, in paragraph No.7, has observed as follows:-
"7. Having heard the argument of both the sides, there is no dispute with regard to -4- NC: 2024:KHC:9037 CRL.P No. 1308 of 2024 the fact that the raid was conducted and the rice was seized at the instance of the persons who are engaged in loading the food grains to the lorry on 06.06.2017 and all these petitioners claims that they are the owner of the godown, driver of the vehicle and also the owner of the rice and the petitioners in support of their contention that they have purchased the rice from the APMC they have relied upon the receipt issued by the APMC which is annexed along with this petition and the same is dated 5.6.2017 apart from that the report which has been received recently confirms that the food grains which has been seized is not the PDS rice samples and when such being the case, I am of opinion that continuing of proceedings initiated against the petitioners is nothing but an abuse process and it amounts to miscarriage of justice and hence it is a fit case to exercise powers under Section 482 of Cr.P.C. to quash the proceedings initiated against the petitioners."
7. In Crl.P.No.7648/2019 disposed of on 26.09.2022, a Co- ordinate Bench of this Court having found that there was no Report available along with the charge sheet which would go to show that the rice seized in the case was meant to be -5- NC: 2024:KHC:9037 CRL.P No. 1308 of 2024 distributed under the Public Distribution System, at paragraph No.10 has observed as follows:-
"10. Charge sheet having been laid without the FSL report having been received, I am of the considered opinion that no such charge sheet could have been laid without verifying the source of the rice and determining whether the rice was belonging to the PDS or not, there being no basis for a charge sheet except the suspicion on the part of the respondent at the time of the filling of the complaint. I am of the considered opinion that there are no grounds made out for the offence under Sections 3 and 7 of the Act."
8. Under the circumstances, I am of the opinion that the prayer made in the present petition requires to be granted. Accordingly, the following:-
ORDER
(i) Criminal Petition is allowed.
(ii) The entire proceedings in CC No.1914/2022 pending before the Court of Principal Civil Judge and JMFC, Challakere, Chitradurga -6- NC: 2024:KHC:9037 CRL.P No. 1308 of 2024 District, for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 read with Section 420 of IPC is quashed.
Sd/-
JUDGE DN