Karnataka High Court
Mahesh Naik vs The State Of Karnataka on 3 September, 2025
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CRL.P No. 200735 of 2025
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IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF SEPTEMBER, 2025
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 200735 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
MAHESH NAIK
S/O VIJAY S. NAIK
AGE: 48 YEARS
OCC: MANAGER
ZUARI AGRO CHEMICALS LTD.
JAI KISAN BHAVAN
ZUARI NAGAR
GOA - 403 726 ...PETITIONER
Digitally signed by
(BY SRI. MANJUNATH SHIVANNA, ADVOCATE)
SREEDHARAN
BANGALORE SUSHMA
LAKSHMI AND:
Location: High Court of
Karnataka THE STATE OF KARNATAKA
DEPARTMENT OF AGRICULTURE
ASSISTANT DIRECTOR OF AGRICULTURE
JEWARGI, REP. BY ADDL. SPP
HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585 107 ...RESPONDENT
(BY SRI JAMADAR SHAHABBUDIN, HCGP)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF THE CODE OF CRIMINAL PROCEDURE (OLD)
UNDER SECTION 528 OF BNNS (NEW), PRAYING TO
EXERCISE INHERENT POWERS UNDER SECTION 528 OF
BNSS, EXAMINE THE RECORDS AND QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.228/2022 (PRIVATE COMPLAINT
NO.14/2021) FOR OFFENCES PUNISHABLE UNDER
SECTION 19(i)(a) OF FERTILIZER (CONTROL) ORDER,
1985 AND SECTION 7(i)(a)(ii)(d) OF ESSENTIAL
COMMODITIES ACT, 1955 PENDING BEFORE THE CIVIL
JUDGE AND JMFC AT JEWARGI, AGAINST THE
PETITIONER, IN THE INTEREST OF JUSTICE AND EQUITY.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND
RESERVED ON 09.06.2025 AND COMING ON FOR
PRONOUNCEMENT OF ORDER, BEFORE THE PRINCIPAL
BENCH AT BENGALURU, THROUGH VIDEO
CONFERENCING, THIS DAY, THE COURT MADE THE
FOLLOWING:
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CORAM: HON'BLE MR JUSTICE S RACHAIAH
CAV ORDER
(PER: HON'BLE MR. JUSTICE S RACHAIAH)
1. This petition is filed by the petitioner / accused No.2,
being aggrieved by the order of taking cognizance dated
25.02.2022 in C.C.No.228/2022 for the offences
punishable under Section 19(i)(a) of Fertilizer (Control)
Order, 1985 and Section 7(i)(a)(ii)(d) of the Essential
Commodities Act, 1955, passed by the Civil Judge and
JMFC at Jewargi.
Factual matrix of the case:
2. On 22.05.2015, the complainant visited the shop of
accused No.1 i.e., M/s. Jogur Trading Company, Jeratagi
and verified the stock maintained by accused No.1. He
found the fertilizer namely Zuari Agrochemical Ltd.,
12:32:16 N.P.K. complex grade fertilizer. He drew the
sample from the said fertilizer bag and he noticed that
the date of expiry and batch number were not printed on
the bags. Thereafter, he divided the composite samples
into three equal parts as per FCO 1985 of Para 6 of
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Schedule-II of Part A, each sample has been transferred
immediately to a thick polythene bag. It is further stated
that, as per the report submitted by the laboratory, the
sample which was sent was "non-standard". Hence, a
case came to be registered against accused Nos.1 and 2
before the learned Magistrate by way of filing a private
complaint. The Trial Court took cognizance for the
offences stated supra and proceeded further. Hence, the
petitioner / accused No.2 is before this Court.
3. Heard Sri Manjunath Shivanna, learned counsel for the
petitioner and Sri Jamadar Shahabuddin, learned High
Court Government Pleader for the respondent - State.
4. It is the submission of the learned counsel for the
petitioner that, the order of taking cognizance is bad in
law, for the reason that, as per the mandatory
requirement, to initiate a suit or file a criminal case
against the sub-standard or non-standard items or
fertilizers stated to be manufactured by the Company, the
Company has to be made as one of the accused to fix the
liability. Unless and until the said liability is fixed against
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the Company, the complaint filed by the complainant
deserves to be quashed. Making such submissions,
learned counsel for the petitioner prays to allow the
petition and quash the proceedings against the petitioner.
5. Per contra, learned High Court Government Pleader
submits that the non-arraigning the Company as one of
the accused is a curable defect, that can be cured even at
the belated stage. The fact of selling sub-standard or
non-standard fertilizer has been established by the
complainant and it is also proved that the fertilizer of
which the complainant had drawn the sample was sent to
FSL and the report would indicate that it is a sub-
standard fertilizer. Such being the fact, the petition
cannot be allowed on flimsy reason. Making such
submissions, learned High Court Government Pleader
prays to reject the petition.
6. Having heard learned counsel for the respective parties
and also perused the averments of the complaint, it
appears from the record that the complainant being the
Assistant Director of Agriculture, Jewargi, visited the shop
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of accused No.1 and found that the fertilizer was being
sold without having any manufacturing date and other
standard requirements required under the law. Hence, he
seized the said fertilizer bags and took the samples and
sent those samples to the FSL for chemical analysis. The
chemical analysis report would indicate that the fertilizer,
which was being sold by the accused No.1, was sub-
standard or non-standard. Therefore, a complaint came
to be registered against the accused Nos.1 and 2.
7. No doubt, the accused No.2, who is the petitioner herein
was working as a Manager of the said Company.
However, the Company has not been made as one of the
accused, which is mandatory in terms of Section 10 of the
Essential Commodities Act. Since it is a mandatory
provision, the opportunity to bring the Company as one
of the accused may be given before taking cognizance. If
the cognizance is taken on the basis of the available
record, subsequently, there is no provision to implicate
the Company as one of the accused in order to cure the
defect. Non-impleading the Company in a criminal case
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is not a curable defect, infact, it is deemed to be illegal.
Therefore, the petition deserves to be allowed.
8. Hence, I proceed to pass the following:-
ORDER
i) The Criminal Petition is allowed.
ii) The order of taking cognizance dated 25.02.2022 and the entire proceedings in C.C.No.228/2022 (Private Complaint No.14/2021), pending before the Civil Judge and JMFC at Jewargi, against the petitioner / accused No.2, is quashed.
Sd/-
(S RACHAIAH) JUDGE BSS List No.: 19 Sl No.: 4