Karnataka High Court
Mahesha S/O Shanmukappa Singanal vs The State Of Karnataka on 4 November, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
CRL.P No. 103136 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 4TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 103136 OF 2022 (482-)
BETWEEN:
MAHESHA S/O SHANMUKAPPA SINGANAL
AGE. 44 YEARS, OCC. BUSINESS,
R/O. BANNIGAIDAD CAMP CBC NAGAR GANGAVATHI,
TQ . GANGAVATI DIST .KOPPAL
...PETITIONER
(BY SRI. MALLIKARJUNSWAMY B. HIREMATH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
HARAPPANAHALLI POLICE STATION
BY ITS POLICE SUB INSPECTOR, HARAPANAHALLI,
DISTRICT VIJAYANAGAR -583101
ALSO REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA BENCH AT DHARWAD
2. BHARATH RAJ S/O CHANDRA NAIK
AGE. 31 YEARS, OCC. FOOD INSPECTOR,
R/O.TALUK OFFICE HARAPANAHALLI
TQ.VIJAYANAGAR
DIST. VIJAYANAGARA KARNATAKA -583101
...RESPONDENTS
(BY SRI. V.S.KALASURMATH, HCGP FOR R1)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN CC NO.31/2021
PENDING BEFORE THE CIVIL JUDGE AND JMFC, HARPANAHALLI FOR
THE OFFENCES PUNISHABLE U/S 3, 6(A) AND 7 OF ESSENTIAL
COMMODITIES ACT 1955 AND SECTION 3, 4, 12, 18, 19 OF
KARNATAKA ESSENTIAL COMMODITIES (PUBLIC DISTRIBUTION
SYSTEM) PUBLIC CONTROL ORDER 2016, KARNATAKA ESSENTIAL
COMMODITIES ORDER 1981, U/S 4, 8, 3(2)(I), U/S 420 OF IPC,
AGAINST THE PETITIONER/ACCUSED NO.1.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
-2-
CRL.P No. 103136 of 2022
ORDER
Learned HCGP accepts notice for respondent No.1.
2. The Police, after investigation, submitted the charge sheet for the offences punishable under Sections 3, 6A and 7 of the Essential Commodities Act, 1955 and Sections 3, 4, 12, 18 and 19 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 2016 alleging that the accused No.1 intended to purchase rice from accused Nos.3 and 4 which were meant for distribution under the Public Distribution System (PDS). The learned Magistrate after accepting the charge sheet took cognizance of the aforesaid offences and issued summons. Taking exception to the same, the petitioner-accused No.1 is before this Court.
3. Learned counsel appearing for the petitioner- accused No.1 submits that the petitioner has been implicated in the charge sheet only on the basis of the statement of co- accused and in the absence of any corroborative material, to substantiate the allegation that the petitioner-accused No.1 intended to purchase the rice from accused Nos.3 and 4 meant for PDS, the charge sheet is filed without any substance. -3- CRL.P No. 103136 of 2022
4. Learned HCGP for the respondent State submits that the charge sheet material clearly disclose that the rice meant for distribution under the PDS was intended to be sold to accused No.1 by accused Nos.3 and 4 and the charge sheet filed is in accordance with the provisions of the Essential Commodities Act, 1955.
5. I have examined the submissions made by the learned counsel for the parties.
6. The allegation against the petitioner-accused No.1 is that he intended to purchase the rice meant for distribution under the PDS from the accused Nos.3 and 4. The charge sheet is filed on the basis of the statement of co-accused who have stated that they intended to sell the rice meant for PDS to the accused No.1.
7. Illustration (b) of Section 114 of the Indian Evidence Act, 1872 specifies that statement of an accomplice is unworthy of credit, unless he is corroborated in material particulars. In the instant case, except the statement of co- accused, there is no corroborative material so as to implicate -4- CRL.P No. 103136 of 2022 the petitioner for having committed the aforesaid offences. Accordingly, I pass the following:
ORDER Criminal Petition is allowed. The impugned proceedings in C.C. No.31/2021 pending on the file of the Civil Judge and JMFC, Harpanahalli insofar it relates to the petitioner-accused No.1 is hereby quashed.
Sd/-
JUDGE RSH LIST NO.: 1 SL NO.: 51