Karnataka High Court
Shri Ganeshappa K.S vs The State Of Karnataka on 20 November, 2023
Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
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NC: 2023:KHC-D:13568
CRL.P No. 101542 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 20TH DAY OF NOVEMBER 2023
BEFORE
THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
CRIMINAL PETITION NO. 101542 OF 2023
BETWEEN:
SHRI. GANESHAPPA K.S.,
FERTILIZER HEAD,
AGE. 48 YEARS,
ZUARI AGRO CHEMICALS LTD.,
ADVENTZ CENTRE, 1ST FLOOR,
NO.28 UNION STREET,
OFFICE CUBBON ROAD,
BENGALURU-560001.
... PETITIONER
(BY SRI. M.J. PEERJADE, ADVOCATE)
AND:
THE STATE OF KARNATAKA,
THROUGH FERTILIZER INSPECTOR
CUM AGRICULTURE OFFICER,
LOKAPUR O/O. ASSISTANT DIRECTOR OF
AGRICULTURE MUDHOL,
Digitally signed
by
VIJAYALAKSHMI VIJAYALAKSHMI
M KANKUPPI
R/BY S.P.P. HIGH COURT OF KARNATAKA,
M KANKUPPI
Date: 2023.11.23
16:48:22 +0530 BENCH DHARWAD.
... RESPONDENT
(BY SRI. P.N. HATTI, HCGP)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.
SEEKING TO THAT THE COMPLAINT AND ALL FURTHER
PROCEEDINGS IN C.C.903/2022 FILED AND PENDING BEFORE THE
COURT OF ADDL. C.J. AND JUDICIAL MAGISTRATE FIRST CLASS
MUDHOL AGAINST THE PETITIONER/ACCUSED NO.2 UNDER CLAUSE
OF THE 19 OF THE FERTILIZER CONTROL ORDER 1985 R/W SEC. 3
AND 7 OF THE ESSENTIAL COMMODITIES ACT 1955 BE QUASHED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 101542 of 2023
ORDER
The petitioner/accused No.2-Sri. Ganeshappa K.S., who is the Fertilizer Head of Zuari Agro Chemicals Limited, has filed the present petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Cr.P.C.', for short) for quashing the complaint and all other proceedings in CC No.903/2022 pending on the file of the learned Additional Civil Judge and JMFC, Mudhol, for the offences under Clause 19 of the Fertilizer (Control) Order, 1985 read with Sections 3 and 7 of the Essential Commodities Act, 1955 (hereinafter referred to as the 'EC Act', for short).
2. Heard the learned counsel appearing for the petitioner and the learned Additional Government Advocate appearing for the respondent-State.
3. As per the averments made in the complaint dated 21.08.2020, a sample of the fertilizer was drawn by the Agricultural Officer, Lokapur, from the premises of the Proprietor of Zuari Agro Chemicals Limited, Jai Kisan -3- NC: 2023:KHC-D:13568 CRL.P No. 101542 of 2023 Junction, Lokapur. Upon analysis of the same by the Testing Laboratory, the fertilizer was found to be of substandard. A show cause notice was issued to the petitioner/accused No.2 and accused No.1. Accused No.1 requested for the owner's sample to be sent for reanalysis to the Commissioner of Agriculture, Sheshadri Road, Bangalore. The complainant receives the test report on 17.09.2019 from the Analyst, Fertilizer Control laboratory, Indore, Madhya Pradesh, wherein the owner's sample of fertilizer has also failed in re-analysis test and found to be a sub-standard one. The copy of the said reanalysis report was issued to accused No.1 along with a notice and also to the petitioner.
4. Ultimately, the complainant namely Agricultural Officer, Lokapur, Office of the Assistant Director of Agriculture, Mudhol, filed a complaint on 21.08.2020 in the Court of Judicial Magistrate First Class, Mudhol, against the Proprietor of Zuari Agro Chemicals Limited, Lokapur, as well -4- NC: 2023:KHC-D:13568 CRL.P No. 101542 of 2023 as the petitioner-Sri. Ganeshappa K.S.-the Fertilizer Head of Zuari Agro Chemicals Limited.
5. The main ground upon which the complaint and proceedings have been sought to be quashed, is that, while filing the complaint, the manufacturing company namely Zuari Agro Chemicals Limited Company was not arrayed as a co-accused. On that basis, it is submitted that the complaint under Sections 3 and 7 of the EC Act and clause 19 of the Fertilizer (Control) Order, itself, was not maintainable.
6. Learned counsel for the petitioner has submitted that in the absence of arraying the manufacturing company as a co-accused, the complaint filed against the petitioner- Sri. Ganeshappa K.S., Ferlizer Head of the company was not maintainable and to support the aforesaid submission, he has placed reliance upon the following decisions:
i) State of Madras v. C.V. Parekh1
ii) Diwan Chand v. State of Punjab and another2
1
1970 (3) SCC 491
2
2006 SCC Online P&H 359
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CRL.P No. 101542 of 2023
iii) Yogpal Malik v. State of Haryana3
iv) Decision of this Court in Criminal Petition
No.100263/2019 disposed of on 01.10.2021
7. After hearing the learned counsel for the parties, I find the submission made by the learned counsel for the petitioner has merit and the petition deserves to succeed.
8. I have perused the complaint and found that the company Zuari Agro Chemicals Limited was not arrayed as a co-accused and therefore, in the absence of arraying the aforesaid company as a co-accused, the complaint could not have been filed against the petitioner Sri. Ganeshappa K.S., the Fertilizer Head of the company. My view finds full support of the judgments in the cases of State of Madras, Diwan Chand, Yogpal Malik and in Criminal Petition No.100263/2019 (supra).
9. In the result, the present petition is allowed and all consequential proceedings against the petitioner are hereby quashed.
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10. It is made clear that quashing of the complaint against the present petitioner/Sri. Ganeshappa K.S. shall have no bearing in effective continuance of the proceedings initiated against the remaining accused.
Sd/-
JUDGE Kmv ct:bck