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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR
Cropex Ltd., Represented By Dr. Satwik Joglekar – Appellant
Versus
State Of Karnataka, Represented By Joint Director of Agriculture – Respondent
| Table of Content |
|---|
| 1. accused's background and nature of complaint. (Para 1 , 3) |
| 2. observations regarding legal requirements. (Para 2 , 6) |
| 3. quashing proceedings based on prior rulings. (Para 4) |
| 4. implications of section 10 of the ec act. (Para 5) |
| 5. ruling on quashing of proceedings. (Para 7) |
ORDER :
(S.R. KRISHNA KUMAR, J.)
This petition by the petitioner-accused No.1 in C.C.No.5990/2024 arising out of un-numbered PCR of 2024 on the file of Principal Civil Judge & JMFC, Harihara, seeking quashing of the proceedings filed by the respondent against the petitioner for alleged violation of Section 20(C) (5) of Fertilizers (Inorganic, organic or mixed) (Control) Order, 1985 punishable under Section 7 of the Essential Commodities Act, 1955.
2. Heard learned counsel for the petitioner and learned Addl. SPP for the respondent and perused the material on record.
3. A perusal of the material on record will indicate that the petitioner viz., the Cropex Ltd., was arraigned as accused No.2 in C.C.No.5990/2024 along with accused No.1, arising out of un- numbered PCR of 2024 on the file of Principal Civil Judge and JMFC, Harihara for the offences punishable under Section 20(C) (5) of Fertilizers (Inorga
The prosecution against individuals for corporate violations is unsustainable without arraignment of the company as an accused, as mandated by Section 10 of the Essential Commodities Act.
A company must be arrayed as an accused for its officer to be vicariously liable under the Essential Commodities Act, 1955.
Prosecution against individuals for corporate offenses is improper without including the company as a party to the proceedings, as established in the Essential Commodities Act, 1955.
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