Karnataka High Court
Venkat Mukund Reddi Karri vs The State Of Karnataka on 12 December, 2022
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 104103 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 12TH DAY OF DECEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 104103 OF 2022 (482)
BETWEEN:
VENKAT MUKUND REDDI KARRI
AGE. 45 YEARS, OCC. MANAGING DIRECTOR,
KPR AGRO CHEM LTD., S. NO.108 AND 109,
HALAVARTHI, TQ. AND DIST. KOPPAL-583231
PETITIONER IS R/BY THE GPA HOLDER
RAMAKRISHNA REDDY S/O. ADI REDDY
AGE. 31 YEARS, OCC. LAISONING OFFICER,
KPR AGRO CHEM LTD., S. NO.108 AND 109,
HALAVARTHI, TQ. AND DIST. KOPPAL-583231
...PETITIONER
(BY SRI. SANTOSH B. MALLIGAWAD, ADVOCATE)
AND:
THE STATE OF KARNATAKA
R/BY THE INSECTICIDE
INSPECTOR AND AGRICULTURE OFFICER,
AGRI. DEPT. SPECIAL PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
...RESPONDENT
(BY SRI. V.S.KALASURMATH, HCGP)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ORDER DATED 28.08.2020 IN CC NO.
178/2020 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC,
OFFENCES ARE COMMITED. HENCE COGNIZANCE IS TAKEN FOR THE
ALLEGED CONTRAVENTION OF CLAUSE 19(C)(III) AND (VII) OF THE
FERTILIZER (CONTROL) ORDER 1985 WHICH IS MADE PUNISHABLE
U/S 7(1)(II) OF THE EC ACT 1955 KITTUR AND QUASH THE
PROCEEDINGS AGAINST THE ACCUSED NO. 1.
THIS PETITION COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 104103 of 2022
ORDER
Learned HCGP accepts notice for the respondent.
2. A private complaint was filed under Section 200 of Cr.P.C. by the respondent for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955 alleging that the fertilizer manufactured by K.P.R. Agro Chem. Ltd., was of sub-standard quality. The learned Magistrate after perusal of the complaint, 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 submits that the complaint filed by the respondent without arraying the person incharge and directors of company as an accused is not maintainable, since the petitioner-accused No.1 who is company cannot be held vicariously guilty of the aforesaid offences as specified under Section 10 of the Essential Commodities Act, 1955.
4. On the other hand, the learned HCGP appearing for the respondent-State submits that the petitioner-accused No.1 who is the Manager of the Company is responsible for maintaining the quality of the fertilizer manufactured by the -3- CRL.P No. 104103 of 2022 Company and as such, the learned Magistrate has rightly taken cognizance of the aforesaid offences and the same does not warrant any interference.
5. I have examined the submissions made by the learned counsel for the parties.
6. Section 2(a) of the Fertilizer (Control) Order, 1985 specifies that "Act" means the Essential Commodities Act, 1955. Section 10 of the Essential Commodities Act, 1955 specifies that if the person contravening an order made under Section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly. Hence, to hold the officer of the Company vicariously guilty, the Company should be arrayed as an accused.
7. In the instant case, the directors and persons in- charge having not been arrayed as an accused, the petitioner cannot be held vicariously guilty of the aforesaid offences as -4- CRL.P No. 104103 of 2022 specified under Section 10 of the Essential Commodities Act, 1955. Accordingly, I pass the following:
ORDER Criminal Petition is allowed. The impugned proceedings in C.C. No.178/2020 pending on the file of the Principal Civil Judge and JMFC, Kittur insofar it relates to the petitioner-accused No.1 is hereby quashed.
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JUDGE RSH LIST NO.: 1 SL NO.: 82