Karnataka High Court
M. Somanna vs The Agricultural Officer Cum Seeds on 8 September, 2014
Author: K.N.Phaneendra
Bench: K.N.Phaneendra
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 8th DAY OF SEPTEMBER 2014
BEFORE
THE HON'BLE MR. JUSTICE K.N.PHANEENDRA
CRIMINAL PETITION NO.1969 OF 2014
BETWEEN:
M.SOMANNA
AGED ABOUT 46 YEARS
SECRETARY
HOSAKOTE TALUK
AGRICULTURAL MARKETING CO-OPERATIVE
SOCIETY LIMITED - 562 114.
... PETITIONER
(BY SRI.PRAVEEN R.J.S. ADV., FOR
SRI.G.PAPI REDDY, ADV.,)
AND:
THE AGRICULTURAL OFFICER CUM SEEDS
INSPECTOR, KASABA HOBLI
HOSAKOTE TALUK - 562 114
BY SPP HIGH COURT
BANGALORE - 01.
...RESPONDENT
(BY SRI.B.VISWESWARAIAH, HCGP)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.489 OF 2002 PENDING ON THE
FILE OF THE CIVIL JUDGE (JR.DN.) AND JMFC AT
HOSKOTE.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT PASSED THE
FOLLOWING:-
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ORDER
The present criminal petition is filed by accused No.1 in C.C.No.489/2002 seeking quashing of the entire proceedings in the said case which is pending on the file of the Principal Civil Judge (Jr.Dn.) and JMFC at Hoskote.
2. Learned counsel seriously contends that accused No.2 - Sri.Seshagiri.H.D., Managing Director of Karnataka State Seeds Corporation Limited had already filed a petition before this Court in Crl.P.No.2007/2004 and this Court considering the merits of the case came to the conclusion that continuation of the proceedings in C.C.No.489/2002 amounts to abuse of process of law. Therefore, it quashed the proceedings insofar as it relates to accused No.2 only. The petitioner herein is also standing on the same footing, as that of accused No.2. Therefore, this petition also deserves to be allowed.
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3. On perusal of the factual matrix of this particular case, it is seen that the complainant- Agricultural Officer-cum-Seeds Inspector, Kasaba Hobli, Hoskote Taluk, lodged a private complaint under Section 200 of Criminal Procedure Code and he has sought for the relief that an action to be taken against accused persons for the offences punishable under Sections 6 and 7 of the Seeds Act, 1983 (for short the 'Act') and also consequently, under the provisions of Essential Commodities Act.
4. This Court has observed that the Managing Director of Karnataka Seeds Corporation Limited has not followed the procedure as contemplated under the provisions of Seeds Act. It is specifically held in Crl.P.No.2007/2004 vide order dated 04-03-2008 that the seeds in question have to be certified in terms of Section 8 of the Act and sample of the seeds was collected on 21-08-2002. However, one of the samples, so collected has not been given to accused No.1 as required under the Act. After receipt of report from the 4 Seeds Testing Laboratory, complaint filed on 10-12-2002. On 11-12-2002, the learned Magistrate issued summons to accused to appear before the Court. The Court has seriously observed that as on the date the accused appeared before the Court below, the shell-life of seeds had already expired. The Seeds Inspector had not given sample of seeds to accused No.1. The Seeds had been certified. In view of the above said infirmatives, continuation of proceedings against accused were held to be abuse of process of law. The accused No.1, also stands on the same footing, infact he stands on the better footing, than accused No.2. The observation made by this Court earlier also includes accused No.1. Therefore, I do not find any strong reasons to differ from the observation made by this Court. Hence, in view of the same, Criminal petition deserves to be allowed. Accordingly, petition is hereby allowed. The proceedings in C.C.No.489/2002 pending on the file of the Principal Civil Judge (Jr.Dn.), JMFC, Hoskote, is hereby quashed.
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5. In view of the disposal of the main petition, I.A.No.1/2014 does not survive for consideration. Accordingly, I.A.No.1/2014 is disposed of.
Sd/-
JUDGE VMB