Karnataka High Court
Harihar J S/O J Srinivasa Bhat vs The State Of Karnataka And Anr on 21 December, 2021
Author: H.P.Sandesh
Bench: H.P.Sandesh
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF DECEMBER 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P.SANDESH
CRIMINAL PETITION No.201683/2021
C/W
CRIMINAL PETITION No.201684/2021
CRIMINAL PETITION No.201685/2021
CRIMINAL PETITION No.201686/2021
CRIMINAL PETITION No.201687/2021
CRIMINAL PETITION No.201689/2021
CRIMINAL PETITION No.201707/2021
CRIMINAL PETITION No.201670/2021
CRIMINAL PETITION No.201671/2021
CRIMINAL PETITION No.201672/2021
IN CRIMINAL No.201683/2021:
BETWEEN
MAHESH NAIK S/O VIJAYA S NAIK
AGE: 48 YEARS, OCC: COMPLIANCE OFFICER
ZUARI AGRO CHEMICALS LIMITED
JAI KISAN BHAWAN, ZUARINAGAR, GOA-403726
R/O. 230/D, NORONHA APPTS
NEAR FATORDA, MARGAO SALCETE
SOUTH GOA
GOA-403602.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
2
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE AGRICULTURE OFFICER
AND FERTILIZER INSPECTOR
AGRICULTURE DEPARTMENT
SINDHANUR
DIST: RAICHUR-584128.
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC 482 OF CR.PC, EXAMINE
THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.1940/2021 (PRIVATE COMPLAINT NO.02/2021) FOR
THE OFFENCES P/U/SECs.3 AND 7 OF ESSENTIAL
COMMODITIES ACT, PENDING BEFORE THE COURT OF SENIOR
CIVIL JUDGE AND JMFC AT SHINDHANUR, AGAINST THE
PETITIONER.
IN CRIMINAL No.201684/2021:
BETWEEN
MAHESH NAIK S/O VIJAYA S NAIK
AGE: 48 YEARS, OCC: COMPLIANCE OFFICER
ZUARI AGRO CHEMICALS LIMITED
JAI KISAN BHAWAN, ZUARINAGAR, GOA-403726
3
R/O. 230/D, NORONHA APPTS
NEAR FATORDA, MARGAO SALCETE
SOUTH GOA
GOA-403602.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE AGRICULTURE OFFICER
AND FERTILIZER INSPECTOR
AGRICULTURE DEPARTMENT
SINDHANUR
DIST: RAICHUR-584128.
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC 482 OF CR.PC, EXAMINE
THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.2319/2021 (PRIVATE COMPLAINT NO.171/2021) FOR
THE OFFENCES P/U/SECs.3 AND 7 OF ESSENTIAL
COMMODITIES ACT, PENDING BEFORE THE COURT OF
PRINCIPAL CIVIL JUDGE AND JMFC AT SHINDHANUR, AGAINST
THE PETITIONER.
4
IN CRIMINAL No.201685/2021:
BETWEEN
MAHESH NAIK S/O VIJAYA S NAIK
AGE: 48 YEARS, OCC: COMPLIANCE OFFICER
ZUARI AGRO CHEMICALS LIMITED
JAI KISAN BHAWAN, ZUARINAGAR, GOA-403726
R/O. 230/D, NORONHA APPTS
NEAR FATORDA, MARGAO SALCETE
SOUTH GOA
GOA-403602.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE AGRICULTURE OFFICER
AND FERTILIZER INSPECTOR
AGRICULTURE DEPARTMENT
SINDHANUR
DIST: RAICHUR-584128.
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC 482 OF CR.PC, EXAMINE
THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.2329/2021 (PRIVATE COMPLAINT NO.163/2021) FOR
5
THE OFFENCES P/U/SECs.3 AND 7 OF ESSENTIAL
COMMODITIES ACT, PENDING BEFORE THE COURT OF
PRINCIPAL CIVIL JUDGE AND JMFC AT SHINDHANUR, AGAINST
THE PETITIONER.
IN CRIMINAL No.201686/2021:
BETWEEN
MAHESH NAIK S/O VIJAYA S NAIK
AGE: 48 YEARS, OCC: COMPLIANCE OFFICER
ZUARI AGRO CHEMICALS LIMITED
JAI KISAN BHAWAN, ZUARINAGAR, GOA-403726
R/O. 230/D, NORONHA APPTS
NEAR FATORDA, MARGAO SALCETE
SOUTH GOA
GOA-403602.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE AGRICULTURE OFFICER
AND FERTILIZER INSPECTOR
AGRICULTURE DEPARTMENT
SINDHANUR
DIST: RAICHUR-584128.
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
6
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC 482 OF CR.PC, EXAMINE
THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.1153/2021 FOR THE OFFENCES P/U/SECs.3 AND 7 OF
ESSENTIAL COMMODITIES ACT, PENDING BEFORE THE COURT
OF CIVIL JUDGE AND JMFC, MANVI, AGAINST THE PETITIONER.
IN CRIMINAL No.201687/2021:
BETWEEN
MAHESH NAIK S/O VIJAYA S. NAIK
AGE: 48 YEARS, OCC: COMPLIANCE OFFICER
ZUARI AGRO CHEMICALS LIMITED
JAI KISAN BHAWAN, ZUARINAGAR, GOA-403726
R/O.230/D, NORONHA APPTS
NEAR FATORDA, MARGAO SALCETE, SOUTH GOA
GOA-403602.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE AGRICULTURE OFFICER
AND FERTILIZER INSPECTOR
AGRICULTURE DEPARTMENT
SINDHANUR
DIST: RAICHUR-584128. ...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
7
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC 482 OF CR.PC, EXAMINE
THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.2330/2021 (PRIVATE COMPLAINT No.164/2021) FOR
THE OFFENCES P/U/SECs.3 AND 7 OF ESSENTIAL
COMMODITIES ACT, PENDING BEFORE THE COURT OF
PRINCIPAL CIVIL JUDGE AND JMFC, SINDHANUR, AGAINST THE
PETITIONER.
IN CRIMINAL No.201689/2021:
BETWEEN
SHRI MAHESH NAIK S/O VIJAYA S NAIK
AGE: 48 YEARS, OCC: COMPLIANCE OFFICER
ZUARI AGRO CHEMICALS LIMITED
JAI KISAN BHAVANA, ZUARINAGAR, GOA-403726
R/O. 230/D, NORONHA APPTS
NEAR FATORDA, MARGAO SALCETE
SOUTH GOA
GOA-403602.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
8
THE AGRICULTURE OFFICER
AND FERTILIZER INSPECTOR
RAITHASAMPARKA KENDRA
VIJAYAPURA
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC 482 OF CR.PC, EXAMINE
THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.13719/2021 FOR THE OFFENCES P/U/SECs.3 AND 7 OF
ESSENTIAL COMMODITIES ACT, PENDING BEFORE THE ADDL.
CIVIL JUDGE AND JMFC, VIJAYAPURA, AGAINST THE
PETITIONER.
IN CRIMINAL No.201707/2021:
BETWEEN
SHRI MAHESH NAIK S/O VIJAYA S NAIK
AGE: 48 YEARS, OCC: QUALITY CONTROL OFFICER
ZUARI AGRO CHEMICALS LIMITED
JAI KISAN BHAVANA, ZUARI NAGAR, GOA-403726
R/O. 230/D, NORONHA APPTS.
NEAR SUNAINA HOTEL, FATORDA, MARGAO, SALCETE
PANAJI, SOUTH GOA
GOA-403602.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
9
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE AGRICULTURE OFFICER CUM
FERTILIZER INSPECTOR
ASSISTANT DIRECTOR OF AGRICULTURE
BASAVANA BAGEWADI
RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC 482 OF CR.PC, EXAMINE
THE RECORDS AND QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.1551/2021 (PRIVATE COMPLIANT No.31/2021)
PENDING BEFORE THE CIVIL JUDGE AND JMFC., BASAVANA
BAGEWADI FOR THE OFFENCES P/U/CLAUSE 19 OF FERTILIZER
CONTROL ORDER, 1985 AND U/SECs.3 AND 7 OF ESSENTIAL
COMMODITIES ACT, AGAINST THE PETITIONER.
IN CRIMINAL No.201670/2021:
BETWEEN
HARIHAR J S/O. J SRINIVASA BHAT
AGE: 56 YEARS
OCC: DEPUTY GENERAL MANAGER
MANGALORE CHEMICALS AND FERTILIZERS LIMITED
MANGALORE
R/O. O/O DEPUTY GENERAL MANAGER, MANGALORE
CHEMICALS AND FERTILIZERS LIMITED
PANAMBUR
MANGALORE-585010.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
10
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP. HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE ASSISTANT AGRICULTURE OFFICER (TECHNICAL)
CUM FERTILIZER INSPECTOR
ADA OFFICE, SHORAPUR
TQ: SHORAPUR,
DIST: YADGIR-585220.
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P FILED U/S.482 OF CR.P.C. PRAYING TO
EXAMINE THE RECORDS AND QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.549/2021 (PRIVATE COMPLAINT
NO.34/2021) FOR THE OFFENCES P/U/SECs.3 AND 7 OF THE
ESSENTIAL COMMODITY ACT AND SEC. 19(1) OF FERTILIZER
CONTROL ORDER-1985 PENDING BEFORE THE COURT OF ADDL.
CIVIL JUDGE AND JMFC, SHORAPUR, AGAINST THE
PETITIONER.
IN CRIMINAL No.201671/2021:
BETWEEN
HARIHAR J S/O. J SRINIVASA BHAT
AGE: 56 YEARS
OCC: DEPUTY GENERAL MANAGER
MANGALORE CHEMICALS AND FERTILIZERS LIMITED
MANGALORE
11
R/O. O/O DEPUTY GENERAL MANAGER, MANGALORE
CHEMICALS AND FERTILIZERS LIMITED
PANAMBUR
MANGALORE-585010.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP. HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE ASSISTANT AGRICULTURE OFFICER (TECHNICAL)
CUM FERTILIZER INSPECTOR
ADA OFFICE, SHORAPUR
TQ: SHORAPUR,
DIST: YADGIR-585220.
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P FILED U/S.482 OF CR.P.C. PRAYING TO
EXAMINE THE RECORDS AND QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.553/2021 (PRIVATE COMPLAINT
NO.38/2021) FOR THE OFFENCES P/U/SECs.3 AND 7 OF THE
ESSENTIAL COMMODITY ACT AND SEC. 19(1) OF FERTILIZER
CONTROL ORDER-1985 PENDING BEFORE THE COURT OF ADDL.
CIVIL JUDGE AND JMFC, SHORAPUR, AGAINST THE
PETITIONER.
12
IN CRIMINAL No.201672/2021:
BETWEEN
HARIHAR J S/O. J SRINIVASA BHAT
AGE: 56 YEARS
OCC: DEPUTY GENERAL MANAGER
MANGALORE CHEMICALS AND FERTILIZERS LIMITED
MANGALORE
R/O. O/O DEPUTY GENERAL MANAGER, MANGALORE
CHEMICALS AND FERTILIZERS LIMITED
PANAMBUR
MANGALORE-585010.
...PETITIONER
(BY SRI AJAY KUMAR A.K., ADV., FOR
SRI.SHEKHAR GURUBHIMRAO &
SRI MANJUNATH SC, ADVOCATES)
AND
1. THE STATE OF KARNATAKA
REPRESENTED BY
ADDL. SPP. HIGH COURT OF KARNATAKA
KALABURAGI BENCH-585107.
2. THE GOVERNMENT OF KARNATAKA
DEPARTMENT OF AGRICULTURE
REPRESENTED BY
THE ASSISTANT AGRICULTURE OFFICER (TECHNICAL)
CUM FERTILIZER INSPECTOR
ADA OFFICE, SHORAPUR
TQ: SHORAPUR,
DIST: YADGIR-585220.
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR HCGP)
THIS CRL.P FILED U/S.482 OF CR.P.C. PRAYING TO
EXAMINE THE RECORDS AND QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.555/2021 (PRIVATE COMPLAINT
NO.40/2021) FOR THE OFFENCES P/U/SECs.3 AND 7 OF THE
13
ESSENTIAL COMMODITY ACT AND SEC. 19(1) OF FERTILIZER
CONTROL ORDER-1985 PENDING BEFORE THE COURT OF ADDL.
CIVIL JUDGE AND JMFC, SHORAPUR, AGAINST THE
PETITIONER.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioners and the learned High Court Government Pleader appearing for the respondents/State in all the petitions.
2. These petitions are filed under Section 482 of Cr.P.C., praying to quash the entire proceedings, which are as follows:-
Sl.No. Crl.P. No. C.C.No. PCR Date
1. 201683/2021 1940/2021 on the file 02.07.2021 of Senior Civil Judge & JMFC., Sindhanur
2. 201684/2021 2319/2021 on the file 08.06.2021 of Principal Civil Judge & JMFC., Sindhanur
3. 201685/2021 2329/2021 on the file 08.06.2021 of Principal Civil Judge & JMFC., Sindhanur
4. 201686/2021 1153/2021 on the file 14.06.2021 of Civil Judge & JMFC., Manvi 14
5. 201687/2021 2330/2021 on the file 08.06.2021 of Principal Civil Judge & JMFC., Sindhanur
6. 201689/2021 13719/2021 on the 13.08.2021 file of I Addl. Civil Judge & JMFC., Vijayapura
7. 201707/2021 1551/2021 on the file 07.07.2021 of Civil Judge & JMFC., Basavana Bagewadi
8. 201670/2021 549/2021 on the file 10.06.2021 of Addl. Civil Judge & JMFC., Shorapur
9. 201671/2021 553/2021 on the file 10.07.2021 of Addl. Civil Judge & JMFC., Shorapur
10. 201672/2021 555/2021 on the file 10.07.2021 of Addl. Civil Judge & JMFC., Shorapur
3. The factual matrix in these cases are that the complainant has filed a private complaints before the Trial Court invoking the offences punishable under Sections 3 & 7 of the Essential Commodities Act, 1955, and Section 19 of Fertilizer Control Order, 1985, wherein, an allegation is made against the petitioners herein, who are the Compliance Officer/Quality Control Officer of Zuari Agro Chemicals Limited, Goa, in the first seven petitions and the Deputy General Manager of Mangalore Chemicals and Fertilizers Limited, Mangalore in other three petitions, they 15 involved in producing the manure and when the complainant visited the shop belongs to accused No.2 as mentioned in the private complaints, not found the quality of manure and there was a deficiency and a sample was also sent to the Chemicals Control Authority and found that the manure which was selling not that of the standard as prescribed. Hence, the private complaints were filed and the learned Magistrate dispensed the sworn statement since the complainant being the public servant and he had taken the cognizance. Hence, the present petitions are filed.
4. The main contention of the petitioners before this Court is that the Company has not been arraigned as an accused and the very initiation of proceedings against the authorised officer of the Company without arraigning the Company as a party is as against Section 10 of the Companies Act. Further, the learned counsel for the petitioner in Crl.P.No.201670/2021, Crl.P.No.201671/2021 and Crl.P.No.201672/2021 submits that the petitioner is 16 not responsible for the quality of the fertilizer manufactured and he is unconnected with the affairs of the quality control and issuance of process against them is liable to be quashed.
5. It is also the contention that in the similar circumstances this Court exercised the powers under Section 482 of Cr.P.C., vide order dated 12.09.2014 in Crl.P.No.200785/2014, wherein, this Court held that the learned Magistrate has not applied his mind while taking the cognizance and in the complaint it is not shown as to how the first accused is responsible for adulteration of fertilizers and contravention of aforesaid provisions and the learned Magistrate without considering all these aspects has issued the process.
6. The learned counsel also relied upon the order passed by this Court in Crl.P.No.100263/2019 dated 01.10.2021, wherein, a similar complaint was taken note of by the very same petitioner in the first seven petitions and comes to the conclusion that Zuari Agro Chemicals 17 Limited was not arraigned as an accused. In the absence of arraigning the Company as an accused and this petitioner, who was only a Compliance Officer/Quality Control Officer of the Company cannot be prosecuted. So also in Crl.P.No.100264/2019 dated 01.10.2021, the very observation was made and quashed. This Court also in Crl.P.No.201513/2021 dated 18.11.2021, taking into note of Sections 3 & 7 of the Essential Commodities Act, 1955, and also Section 19(1) of the Fertilizer (Control) Order, 1985, so also there is a bar under Section 10 of the Companies Act. Unless the Company is made as a party to the proceedings, there cannot be any criminal prosecution against the Compliance Officer/Quality Control Officer and the Zonal Manager. Section 10 of the Essential Commodities Act, 1955, makes it clear that if any offence is committed by the Company, the Company ought to have been made as party to the proceedings. It is further observed that the petitioner was only a Marketing Officer and the Company has not been made as a party. 18
7. In the case on hand also, only Compliance Officer/Deputy General Manager of the Company has made as an accused and no Company has been arraigned as an accused. When such being the factual aspects of the case, it is appropriate to invoke Section 482 of Cr.P.C., and unless the Company has been arraigned as an accused, there cannot be any criminal prosecution against the Compliance Officer/Deputy General Manager of the Company. The learned Magistrate while taking cognizance have not taken note of these aspects and proceeded to pass the impugned order of taking cognizance mechanically. Hence, it requires an interference of this Court.
8. In view of the discussions made above, I pass the following:
ORDER
(i) The petitions are allowed.
(ii) The impugned orders of taking cognizance in all the petitions, are hereby quashed and a liberty is given 19 to the complainant to proceed in accordance with law.
Sd/-
JUDGE cp*