Karnataka High Court
Lakshmipathi @ Lakshmuputra vs The State By Psi on 13 August, 2020
Author: S.R. Krishna Kumar
Bench: S.R. Krishna Kumar
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 13TH DAY OF AUGUST 2020
BEFORE
THE HON'BLE MR.JUSTICE S.R. KRISHNA KUMAR
CRIMINAL PETITION NO.100794/2020
C/w
CRIMINAL PETITION NO.100698/2020
CRIMINAL PETITION NO.100701/2020
CRIMINAL PETITION NO.100699/2020
CRIMINAL PETITION NO.100700/2020
CRIMINAL PETITION NO.100794/2020:
BETWEEN
LAKSHMIPATHI @ LAKSHMIPUTRA
S/O LATE K. CHANNAYYA SHETTY,
AGE: 52 YEARS,
OCC: MANAGING PARTNER,
SRI VIJAYALAKSHMI
PARABOILED RICE MILL,
SIRUGUPPA,
R/O: AGADI IMAREPPA COMPOUND,
BEHIND RAGHAVENDRA TALKIES,
BALLARI, DIST: BALLARI.
... PETITIONER
(BY SRI. T.HANUMAREDDY, ADVOCATE)
AND
THE STATE BY PSI
SIRUGUPPA POLICE STATION,
SIRUGUPPA, DIST: BALLARI,
REP. BY SPP,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.
... RESPONDENT
(BY SRI. SHIVAPRABHU S.HIREMATH, AGA)
2
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.
SEEKING TO QUASH THE ORDER DATED 25.06.2020 ON
APPLICATION FILED BY THE PETITIONER U/S 457 OF CR.P.C.
AND TO PASS THE ORDER TO RELEASE ITEM NO.1 TO 8 OF
PF.NO.28/2020 IN CRIME NO.27/2020 OF SIRUGUPPA POLICE
STATION, SIRUGUPPA, DIST. BALLARI FOR OFFENCES P/U/S 3,
6(A) AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 AND
U/S 406, 409, 417 AND 420 OF IPC PENDING ON THE FILE OF
CIVIL JUDGE & JMFC AT SIRUGUPPA.
CRIMINAL PETITION NO.100698/2020
M/s SRI.SAI DUTTA AGRO FOODS
R/BY ITS GPA HOLDER,
SRI.VINOD KUMAR
S/O NARASIMHAIAH MURTHY SHETTY,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: WARD NO.12,
VIJAYA VITTALA NAGAR,
SIRUGUPPA.
... PETITIONER
(BY SRI. HARSHAWARDHAN M PATIL, ADVOCATE FOR
SRI M.H.PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY SIRUGUPPA POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. LAKSHMIPATHI @ LAKSHMIPUTHRA
S/O LATE K. CHENNAIAH SHETTY,
AGE: 52 YEARS, OCC: MANAGING PARTNER,
SRI.VIJAYALAKSHMI PARABOILED RICE MILL,
SIRUGUPPA,
R/O: SRI.AGADI MAREPPA COMPOUND,
BEHIND RAGHAVENDRA TALKIES,
BALLARI, DIST: BALLARI.
3
3. M/S. S.V.S. TRADERS
R/BY PROPRIETOR
SRINIVASA REDDY BAPURAM
S/O B. SATHYANARAYANA REDDY,
AGED ABOUT: 48 YEARS,
R/O: WARD NO.15, KRISHNANAGAR,
SIRUGUPPA, DIST: BALLARI.
4. M/S. SRI MALLIKARJUN TRADERS
R/BY PROPRIETOR BANGI VEERESHA
S/O BANGI NAGAPPA,
AGED ABOUT: 38 YEARS,
R/O: WARD NO.21,
ADONI ROAD, SIRUGUPPA,
DIST: BALLARI.
5. M/S. SRI CHAGI NARASAIAH AGRO FOODS
R/BY ITS GPA HOLDER SRI.CHAGI PRAKASH
S/O CHAGI NARASAIAH, AGED ABOUT: 54 YEARS,
R/O: NEAR AMRUTHESHWARA TEMPLE,
VIJAYA VITTALA NAGAR,
SIRUGUPPA, DIST: BALLARI.
6. THE FEDERAL BANK LTD.,
BALLARI BRANCH, BALLARI,
R/BY ITS MANAGER
VINAYAK ASHOK KATKAR,
S/O ASHOK G. KATKAR,
AGED ABOUT: 38 YEARS,
SENIOR MANAGER,
FEDERAL BANK, BALLARI.
... RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1
SRI SHIVARAJ S.BALLOLLI, ADV. FOR R6
NOTICE TO R2 TO R5 DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.,
PRAYING TO QUASH THE ORDER PASSED BY CIVIL JUDGE AND
JMFC, SIRUGUPPA IN CR. NO.27/2020 DATED 25.06.2020 ON
THE APPLICATION UNDER SEC.457 OF CR.P.C., FILED BY THE
PETITIONER AND THEREBY ALLOW THE APPLICATION FILED BY
THE PETITIONER AND RELEASE THE SEIZED PADDY BAGS IN
HIS FAVOR AND ETC.
4
CRIMINAL PETITION NO.100701/2020
M/S.SRI.MALLIKARJUN TRADERS
R/BY PROPRIETOR BANGI VEERESHA
S/O BANGI NAGAPPA,
AGED ABOUT: 38 YEARS,
R/O: WARD NO.21,
ADONI ROAD, SIRUGUPPA,
DIST: BALLARI.
... PETITIONER
(BY SRI.HARSHAWARDHAN M.PATIL, ADVOCATE FOR
SRI M.H.PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY SIRUGUPPA POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. LAKSHMIPATHI @ LAKSHMIPUTHRA
S/O LATE K. CHENNAIAH SHETTY,
AGE: 52 YEARS,
OCC: MANAGING PARTNER,
SRI.VIJAYALAKSHMI PARABOILED
RICE MILL, SIRUGUPPA,
R/O: SRI.AGADI MAREPPA COMPOUND,
BEHIND RAGHAVENDRA TALKIES,
BALLARI, DIST: BALLARI.
3. M/S. S.V.S. TRADERS
R/BY PROPRIETOR
SRINIVASA REDDY BAPURAM
S/O B. SATHYANARAYANA REDDY,
AGED ABOUT: 48 YEARS,
R/O: WARD NO.15,
KRISHNANAGAR,
SIRUGUPPA,
DIST: BALLARI.
5
4. M/S. SRI CHAGI NARASAIAH AGRO FOODS
R/BY ITS GPA HOLDER
SRI.CHAGI PRAKASH S/O CHAGI NARASAIAH,
AGED ABOUT: 54 YEARS,
R/O: NEAR AMRUTHESHWARA TEMPLE,
VIJAYA VITTALA NAGAR,
SIRUGUPPA, DIST: BALLARI.
5. M/S SRI.SAI DUTTA AGRO FOODS
R/BY ITS GPA HOLDER
SRI.VINOD KUMAR
S/O NARASIMHAIAH MURTHY SHETTY,
AGE: 41 YEARS, OCC: BUSIESS,
R/O: WARD NO.12,
VIJAYA VITTALA NAGAR,
SIRUGUPPA.
6. THE FEDERAL BANK LTD.,
BALLARI BRANCH, BALLARI,
R/BY ITS MANAGER
VINAYAK ASHOK KATKAR,
S/O ASHOK G. KATKAR,
AGED ABOUT: 38 YEARS,
SENIOR MANAGER,
FEDERAL BANK, BALLARI.
... RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1
SRI SHIVARAJ S.BALLOLLI, ADV. FOR R6
NOTICE TO R2 TO R5 DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C.,
PRAYING TO QUASH THE ORDER PASSED BY CIVIL JUDGE AND
JMFC, SIRUGUPPA IN CR. NO.27/2020 DATED 25.06.2020 ON
THE APPLICATION UNDER SEC.457 OF CR.P.C., FILED BY THE
PETITIONER, AND THEREBY ALLOW THE APPLICATION FILED BY
THE PETITIONER AND RELEASE THE SEIZED RICE BAGS IN HIS
FAVOR AND ETC.
6
CRIMINAL PETITION NO.100699/2020
M/S.SRI CHAGI NARASAIAH AGRO FOODS
R/BY ITS GPA HOLDER
SRI.CHAGI PRAKASH
S/O CHAGI NARASAIAH,
AGED ABOUT: 54 YEARS,
R/O: NEAR AMRUTHESHWARA TEMPLE,
VIJAYA VITTALA NAGAR,
SIRUGUPPA, DIST: BALLARI.
... PETITIONER
(BY SRI.HARSHAWARDHAN M.PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY SIRUGUPPA POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. LAKSHMIPATHI @ LAKSHMIPUTHRA
S/O LATE K. CHENNAIAH SHETTY,
AGE: 52 YEARS,
OCC: MANAGING PARTNER,
SRI.VIJAYALAKSHMI PARABOILED
RICE MILL, SIRUGUPPA,
R/O: SRI.AGADI MAREPPA COMPOUND,
BEHIND RAGHAVENDRA TALKIES,
BALLARI, DIST: BALLARI.
3. M/S. S.V.S. TRADERS
R/BY PROPRIETOR
SRINIVASA REDDY BAPURAM
S/O B. SATHYANARAYANA REDDY,
AGED ABOUT: 48 YEARS,
R/O: WARD NO.15,
KRISHNANAGAR,
SIRUGUPPA,
DIST: BALLARI.
7
4. M/S. SRI MALLIKARJUN TRADERS
R/BY PROPRIETOR BANGI VEERESHA
S/O BANGI NAGAPPA,
AGED ABOUT: 38 YEARS,
R/O: WARD NO.21,
ADONI ROAD, SIRUGUPPA,
DIST: BALLARI.
5. M/S. SRI.SAI DUTTA AGRO FOODS
R/BY ITS GPA HOLDER
SRI.VINOD KUMAR
S/OO NARASIMHAIAH MURTHY SHETTY,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: WARD NO.12,
VIJAYA VITTALA NAGAR,
SIRUGUPPA.
6. THE FEDERAL BANK LTD.,
BALLARI BRANCH, BALLARI,
R/BY ITS MANAGER
VINAYAK ASHOK KATKAR,
S/O ASHOK G. KATKAR,
AGED ABOUT: 38 YEARS,
SENIOR MANAGER,
FEDERAL BANK, BALLARI.
... RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1
SRI SHIVARAJ S.BALLOLLI, ADV. FOR R6
NOTICE TO R2 TO R5 DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF
CR.P.C.,PRAYING TO QUASH THE ORDER PASSED BY CIVIL
JUDGE AND JMFC, SIRUGUPPA IN CR.NO.27/2020 DATED
25/06/2020 ON THE APPLICATION UNDER SEC.457 OF CR.P.C.,
FILED BY THE PETITIONER, AND THEREBY ALLOW THE
APPLICATION FILED BY THE PETITIONER AND RELEASE THE
SEIZED PADDY BAGS IN HIS FAVOR AND ETC.
8
CRIMINAL PETITION NO.100700/2020
M/S. S.V.S. TRADERS
R/BY PROPRIETOR
SRINIVASA REDDY BAPURAM
S/O: B. SATHYANARAYANA REDDY,
AGED ABOUT: 48 YEARS,
R/O: WARD NO.15,
KRISHNANAGAR, SIRUGUPPA,
DIST: BALLARI.
... PETITIONER
(BY SRI.HARSHAWARDHAN M.PATIL, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY SIRUGUPPA POLICE,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. LAKSHMIPATHI @ LAKSHMIPUTHRA
S/O LATE K. CHENNAIAH SHETTY,
AGE: 52 YEARS, OCC: MANAGING PARTNER,
SRI.VIJAYALAKSHMI PARABOILED
RICE MILL, SIRUGUPPA,
R/O: SRI.AGADI MAREPPA COMPOUND,
BEHIND RAGHAVENDRA TALKIES,
BALLARI, DIST: BALLARI.
3. M/S. SRI MALLIKARJUN TRADERS
R/BY PROPRIETOR BANGI VEERESHA
S/O BANGI NAGAPPA,
AGED ABOUT: 38 YEARS,
R/O: WARD NO.21,
ADONI ROAD, SIRUGUPPA,
DIST: BALLARI.
4. M/S. SRI CHAGI NARASAIAH AGRO FOODS
R/BY ITS GPA HOLDER
SRI.CHAGI PRAKASH S/O CHAGI NARASAIAH,
AGED ABOUT: 54 YEARS,
9
R/O: NEAR AMRUTHESHWARA TEMPLE,
VIJAYA VITTALA NAGAR,
SIRUGUPPA, DIST: BALLARI.
5. M/S SRI.SAI DUTTA AGRO FOODS
R/BY ITS GPA HOLDER
SRI.VINOD KUMAR
S/O NARASIMHAIAH MURTHY SHETTY,
AGE: 41 YEARS, OCC: BUSINESS,
R/O: WARD NO.12,
VIJAYA VITTALA NAGAR,
SIRUGUPPA.
6. THE FEDERAL BANK LTD.,
BALLARI BRANCH, BALLARI,
R/BY ITS MANAGER
VINAYAK ASHOK KATKAR,
S/O ASHOK G. KATKAR,
AGED ABOUT: 38 YEARS,
SENIOR MANAGER,
FEDERAL BANK, BALLARI.
... RESPONDENTS
(BY SRI.SHIVAPRABHU S.HIREMATH, AGA FOR R1
SRI SHIVARAJ S.BALLOLLI, ADV. FOR R6
NOTICE TO R2 TO R5 DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED U/SEC.482 OF
CR.P.C.,PRAYING TO QUASH THE ORDER PASSED BY CIVIL
JUDGE AND JMFC, SIRUGUPPA IN CR.NO.27/2020 DATED
25/06/2020 ON THE APPLICATION UNDER SEC.457 OF CR.P.C.,
FILED BY THE PETITIONER, AND THEREBY ALLOW THE
APPLICATION FILED BY THE PETITIONER AND RELEASE THE
SEIZED RICE BAGS IN HIS FAVOR AND ETC.
THESE PETITIONS COMING ON FOR ADMISSION, THIS
DAY, THE COURT, MADE THE FOLLOWING:
10
ORDER
All these petitions are directed against the impugned order dated 25.06.2020 passed in Crime No.27/2020 passed by the Civil Judge and JMFC, Siruguppa, whereby the trial Court rejected the applications filed by the applicants under Section 457 of Cr.P.C.
2. I have heard the learned counsel for the respective petitioners and the learned AGA for the respondent-State.
3. Learned counsel for the petitioners submits that the material on record will indicate that the alleged offences were punishable under Sections 3, 6(A) and 7 of Essential Commodities Act r/w 406, 409, 417 and 420 of IPC, pursuant to which paddy and rice belonging to the respective petitioners was seized by the police authorities. 11
4. In the proceedings before the trial Court, applicant Nos.1 to 5 claim to be the owners of the goods while applicant No.6 is Federal Bank, Ballari Branch Ballari, to which the goods in question is said to have been hypothecated.
5. Learned counsel for the petitioners invites my attention to the impugned order passed by the trial Court rejecting the applications filed by the petitioners on the ground that the jurisdiction of the trial Court stood ousted by virtue of the provisions contained in Section 6A of the Essential Commodities Act. In this context, it is submitted that a perusal of order dated 08.04.2020 (Annexure-C) in case No.100794/2020 bearing No.EC Act/JDFCS/62/2019-20 will indicate that the Deputy Commissioner has closed the proceedings on the ground that the issues in controversy has to be resolved by the trial Court 12 (Magistrate Court) and not by the Deputy Commissioner.
6. It is also submitted that the goods seized are neither PDS commodities nor essential commodities under the Essential Commodities Act and in the light of the order passed by the Deputy Commissioner, coupled with the fact that no proceedings are pending before him, the trial Court committed an error in coming to the conclusion that it had no jurisdiction to pass the order on merits on the respective applications under Section 457 filed by the petitioners. It is therefore contended that the impugned order passed by the trial Court is illegal and vitiated and that the same deserves to be set aside by this Court.
7. Per contra, learned AGA appearing for the respondent No.1 would support the impugned order.
13
8. After having heard the learned counsel for the respective petitioners and learned AGA the material on record will indicate that it is not in dispute that vide Annexure-C the order dated 08.04.2020 passed by the Deputy Commissioner, the proceedings in relation to the subject matter of the present proceedings before the Magistrate were closed by the Deputy Commissioner on the ground that the same will have to be decided by the learned Magistrate. Further, it is specific contention of the petitioners that the seized goods are not PDS or under 2A of the Essential Commodities Act and as such, the finding of the trial Court that it had no jurisdiction is wholly misconceived. Further, in the absence of any proceeding pending before the Deputy Commissioner, the trial Court has misdirected himself in coming to the conclusion that the grievance of the petitioners seeking release of the goods will have to be necessarily addressed and 14 decided by the Deputy Commissioner particularly when no such proceedings were pending before the Deputy Commissioner as on the date of the impugned order. Under these circumstances, I am of the considered opinion, that the impugned order rejecting the application filed by the applicants on the ground of lack of jurisdiction deserves to be set aside particularly in the face of the fact that no proceedings before the Deputy Commissioner were pending at the time when the trial Court passed the impugned order.
9. In the result, I pass the following;
ORDER
(a) All petitions are hereby allowed.
(b) The impugned order dated 08.04.2020 at Annexure-C in W.P.No.100794/2020 is hereby set aside.
(c) Matter is remitted back to the trial Court which is directed to dispose off the 15 applications filed under Section 457 of Cr.P.C including application filed by Federal Bank in accordance with law without going into the issue with regard to its jurisdiction which stands concluded by this order.
(d) In view of the fact that the goods in question are perishable, learned trial Court is directed to dispose off the applications in accordance with law within a period of 15 days from the date of receipt of a copy of this order.
(e) All rival contentions between the parties except the question of jurisdiction are hereby kept open.
In view of the disposal of petitions, IA.No.1/2020 in Crl.P.No.100794/2020 does not survive for consideration and the same is disposed of.
Sd/-
JUDGE msr