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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
VENKATESH NAIK T.
Mallikarjungouda, S/o. Ishwaragouda Kollur – Appellant
Versus
State of Karnataka, Represented By SPP – Respondent
| Table of Content |
|---|
| 1. allegations of substandard organic fertilizer. (Para 1 , 2) |
| 2. legal errors related to not naming the company as accused. (Para 4 , 5) |
| 3. company must be included in prosecution for validity. (Para 6 , 8 , 9 , 10 , 11 , 12 , 13 , 14) |
| 4. court's observations on the legal requirement of including the company as accused. (Para 7) |
| 5. conclusion to quash proceedings while allowing future action. (Para 15) |
ORDER :
(VENKATESH NAIK T., J.)
The petitioners have filed this petition under Section 482 of Cr.P.C ., praying to quash the entire proceedings in C.C. No.1768/2022 pending on the file of the learned Civil Judge and JMFC, Kushtagi, for the offence punishable under Section 7 of the Essential Commodities Act, 1955 (for short 'E.C. Act').
2. It is the case of the prosecution that the complainant, who is respondent herein, was working as Assistant Agricultural Officer in the Department of Agriculture, Shahapur, he filed a private complaint before the jurisdictional Court on behalf of State on 20.09.2022 for the aforesaid offences alleging that he visited the shop of petitioner No.1 and he was not having the original letter “O” and he was in storage of phosphate rich organic ma
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.
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.
the absence of any material to show that petitioner is responsible for the quality of fertilizers seized, the proceedings now initiated against the petitioner is nothing but an abuse of process of la....
A company must be arraigned as an accused for vicarious liability to apply under Section 138 of the N.I. Act; thus, prosecution of directors is invalid without this requirement.
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