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2022 Supreme(Online)(Kar) 41298

KARNATAKA HIGH COURT - BENCH AT DHARWAD
MALLIKARJUN S/O. GIRIMALLAPPA SHEGUNASHI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent


Petition under Section 482 of Cr.P.C., with the following

prayer:

<Wherefore, it is prayed that the Hon9ble Court be

pleased to exercise inherent powers under Section

482 Cr.P.C., examine the records and quash the

- 3 -

taking cognizance in C.C.No.2050/2021 (Private

Complaint No.160/2021), dated 05.08.2021, for

the offence under Section 7(i)(a)(ii) of Essential

Commodities

Act

1955,

pending

before

the

Addl.Civil Judge and JMFC., Court at Raibag,

against the petitioners/accused No.1 and 2 in the

interest of justice and equity.=

Heard Sri Avinash A Uplaonkar, learned counsel

for the petitioners and Sri Ramesh Chigari, High Court

Government Pleader for the respondents 3 State and

perused the records.

3.

Brief facts of the case are as under:

Sri Prashantha H. Sani, Agricultural Officer cum

Fertilizer Inspector filed a complaint under Section 7(i)(a)(ii)

of Essential Commodities Act, 1955 read with Section 200 of

Cr.P.C. In the complaint it is contended that Mallikarjuna

Shegunasi is the owner of the firm/company namely Om

Madhav Fertilizers, situated at Harugeri, Raibag Taluk,

Belagavi District, which is dealing with the fertilizers and

holds the necessary licence. On 18.09.2019 at a

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