Karnataka High Court
Mohammed Akbar vs The State Of Karnataka And Anr on 4 July, 2025
Author: V Srishananda
Bench: V Srishananda
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NC: 2025:KHC-K:3657
CRL.P No. 201347 of 2024
HC-KAR
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 4TH DAY OF JULY, 2025
BEFORE
THE HON'BLE MR. JUSTICE V SRISHANANDA
CRIMINAL PETITION NO.201347 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
MOHAMMED AKBAR S/O AZIZ MIYA,
AGE: 40 YEARS, OCC: BUSINESS,
R/O PLOT NO.289, MARTHANDA NAGAR,
NEW HAFFEEZPET, HAFFEZPET,
K.V. RANGAREDDY,
TELANGANA STATE-500049.
...PETITIONER
(BY SRI SHAMBULING S. SALIMATH, ADVOCATE)
AND:
Digitally signed
by RENUKA
Location: HIGH 1. THE STATE OF KARNATAKA,
COURT OF THROUGH BASAVAKALYAN RURAL PS,
KARNATAKA
DIST. BIDAR, THROUGH SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585102.
2. THE FOOD INSPECTOR,
TAHSIL OFFICE, BASAVAKALYAN,
DIST. BIDAR-585401.
...RESPONDENTS
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
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NC: 2025:KHC-K:3657
CRL.P No. 201347 of 2024
HC-KAR
THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C.
(OLD), UNDER SECTION 528 OF THE BNSS, 2023, PRAYING TO
I) QUASH THE IMPUGNED FIR IN CRIME NO.55/2023 AS PER
ANNEXURE-A AND IMPUGNED CHARGE SHEET IN
C.C.NO.7/2024 (CHARGE SHEET NO.96/2023) DATED
21.09.2023 PENDING ON THE FILE OF SENIOR CIVIL JUDGE
BASAVAKALYAN AS PER ANNEXURE-E FOR THE OFFENCES
PUNISHABLE U/SEC. 7, 3 OF THE ESSENTIAL COMMODITIES
ACT, 1955, IN THE INTEREST OF JUSTICE AND EQUITY. THE
CERTIFIED COPY OF WHICH IS PRODUCED AT ANNEXURES- A
AND E RESPECTIVELY. II) ISSUE ANY DIRECTIONS OR ORDERS
AS THIS HON'BLE COURT DEEMS FIT IN CIRCUMSTANCES OF
CASE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA
ORAL ORDER
(PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Shambuling S. Salimath, learned counsel for the petitioner and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondents/State. -3-
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2. This petition is filed under Section 482 of Cr.P.C. with the following prayer:
"Wherefore it is prayed before this Hon'ble court be pleased to:
i) Quash the impugned FIR in crime No:
55/2023 as per Annexure-A and
impugned charge sheet in C.C.
No:7/2024 (Charge sheet No: 96/2023) dated 21.09.2023 pending on the file of senior civil judge Basavakalyan as per Annexure-E for the offences punishable U/Sec. 7, 3 of Essential Commodities Act-
1955, in the interest of justice and equity. The Certified copy of which is produced at Annexure-A and E respectively.
ii) Issue any directions or orders as this Hon'ble Court deems fit in circumstances of case in ends of justice."
3. Facts in brief which are utmost necessary for disposal of the petition are as under:
Sri Ramratan Degale, the Food Inspector received a credible information that somebody is illegally transporting -4- NC: 2025:KHC-K:3657 CRL.P No. 201347 of 2024 HC-KAR the rice bags which are meant for public distribution. Accordingly, he took the police help and sub-staff and was watching for the suspect. On 12.06.2023, at about 01:00 p.m. they spotted a lorry bearing No.AP-13 X-9579 and intercepted the same and noted that there were 360 bags of rice, each bag weighing 50 kgs and there was no pass or permit.
4. As such, they treated the rice as illegally transported, which was meant for public distribution and lodged a report with Basavakalyan Rural Police.
5. Based on such report, Basavakalyan Rural Police registered a case in Crime No.55/2023 on 12.06.2023 for the offences punishable under Sections 7 and 3 of the Essential Commodities Act, 1955.
6. After thorough investigation, charge sheet came to be filed and accused is contesting the matter. -5-
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7. In the meantime, petitioner has approached this Court registering the case and challenging the chargesheet on the ground that petitioner is only the owner of the lorry and he has got nothing to do with the alleged illegal transport of the rice bags and therefore continuation of the criminal proceedings would amount to abuse of process of law.
8. Per Contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader supports the order taking cognizance and registering the criminal case and proceeding with the case by contending that admittedly huge quantity of the rice meant for public distribution system was being transported in the lorry.
9. As such, the petitioner cannot get an insulation only on the ground that he is the owner of the lorry and the same is to be established during the trial and innocence, if any, of the petitioner is to be established -6- NC: 2025:KHC-K:3657 CRL.P No. 201347 of 2024 HC-KAR during the trial and thus sought for dismissal of the petition.
10. Having heard the arguments on both sides, this Court perused the material on record meticulously.
11. On such perusal of the material on record, it is crystal clear that the Food Inspector by name, Ramratan Degale did not nurture any amity or animosity against the petitioner for foisting a false case.
12. Admittedly, he had received the credible information and spotted a lorry bearing No.AP-13 X-9579 on 12.06.2023 at 01:00 p.m. On opening the lorry, they found 360 bags of rice, each bag measuring 50 kg and the driver of the lorry was not able to furnish any credible documents to transport the same.
13. The rice sample that was seized at the spot would go to show that it is meant for public distribution. -7-
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14. Whether at all the petitioner had known about the illegal transport being made by the driver or not, cannot be decided by this Court at this stage in the present petition by holding a mini trial.
15. Reserving liberty for the petitioner to establish that he is totally innocent by filing the necessary application before that Trial Magistrate, the following order is passed:
ORDER
(a) The Criminal Petition is dismissed.
(b) In view of disposal of main petition, pending application, if any, does not survive for consideration.
Sd/-
(V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 30 CT:PK