Mandatory registration of FIR is required for cognizable offences, and failure to adhere to this process invalidates subsequent legal actions.

ORDER :

(PER: THE HON'BLE MR. JUSTICE M.NAGAPRASANNA)

1. The petitioner is before this court seeking the following prayer:

“I. Issue a writ of certiorari quashing the order dated 07.09.2023 bearing no. AaNaSa- 04/EC/44/2022-23 passed by 1^st respondent i.e Deputy Commissioner Vijayanagar produced at Annexure- D in the interest of justice and equity.

II. Issue a writ of mandamus directing the 1^st respondent authority to pay the amount equivalent of the auctioned goods in the interest of justice and equity.

III. Grant such other and further reliefs as are just even including the costs of this petition in the interest of the justice and equity.”

2. Heard Sri.Manoj N. Bikkannavar, learned counsel for the petitioner and Sri.T.Hanumareddy, learned counsel for the respondents.

3. Learned counsel appearing for the parties in unison would submit that, the issue in the lis stands covered by judgment rendered by Coordinate Bench of this Court in W.P. No.101071/2023, disposed off on 16^th May 2023. The Coordinate Bench of this Court held as follows:

1. “The petitioner is before this Court calling in question the proceedings under Section 3, 6(A) & 7 of the Essential Commodities Act, 1955; Sections 4, 8, 3(2)(i) of the Karnataka Essential Commodities (Storage Accounts Marinating Value Notification) Order, 1981; & Sections 3, 4, 12, 18 & 19 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order, 2016; & Section 420 of the IPC. The proceedings are pending consideration in C.C. No.870/2022.

2. Learned counsel appearing for the petitioner would submit that all the issues in the present petition stand covered by the judgment rendered by this Court on 16^th February 2022 in Crl. P. No.101739/2021 and connected matters.

3. Learned HCGP on verification of the said judgment and on instructions would submit that the issue indeed is covered by the judgment rendered by this Court. This Court in the aforesaid judgment held as follows:

“For the sake of convenience, facts in brief in Criminal Petition No.101739 of 2021 are narrated. The petitioner in the said criminal petition is an independent trader dealing with stock and distribution of food grains and claims to be in possession of a license to carry out such trade. Claiming to be on credible information, the Police Sub-Inspector of Navanagar Police Station intercepted a Baloro vehicle on an alleged complaint that the vehicle was transporting rice bags and conducted a search on the vehicle. The complainant also accompanied the Police Sub- Inspector, who conducted search or raid on the permission allegedly granted by his superior Officer. The complainant and the Police staff - panchas go to the spot at about 5 p.m. and on seeing the Baloro vehicle, intercepted the same, conducted search and secured the information that the rice bags belonged to S.K. Traders and the same were being transported from the godown belonging to S.K. Traders to one Balaji Impex Traders. Sixty five bags each weighing 50 kgs. were seized along with the vehicle on the ground that they were transporting rice illegally, which was meant for public distribution under the Public Distribution System (‘PDS’ for short). Based on the said incident, a FIR came to be registered against the petitioner. The petitioner is arrayed as accused No.3. The allegations against the petitioner are for offences punishable under Sections 7 and 3 of the Essential Commodities Act, 1955 (‘the Act’ for short) read with Clauses 3(2) & (3) and 18 of the Karnataka Essential Commodities (Public Distribution System) Public Control Order 2016 (‘the Order’ for short). It is at that juncture, the petitioner has knocked the doors of this Court in this petition.

4. In Criminal Petition No.101740 of 2021, the petitioner is also an independent trader dealing in stock and distribution of food grains. He claims to have all the necessary legal licences to do such business. Kittur Police claims to have had credible information that rice bags were being il