Back
KARNATAKA HIGH COURT
S.VISHWAJITH SHETTY, J
SHRI BASAWRAJ S/O. VEERUPAXAPPA JAKATI – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
| Table of Content |
|---|
| 1. proper party array required for liability. (Para 2 , 3) |
| 2. court's endorsement of prior ruling on company not being a party. (Para 4) |
| 3. vicarious liability contingent on company being an accused. (Para 6) |
(PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Learned HCGP is directed to take notice for respondent.
2. Petitioner is before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in C.C. No.22 of 2019 pending before the Court of I Additional Civil Judge and JMFC, Saundatti arising out of PCR No.220 of 2018 for offences punishable under Clause 19 of the Fertilizer Control Order, 1985 and Sections 3 and 7 of the Essential Commodities Act, 1955 .
3. Learned counsel for the petitioner submits that proceedings against accused No.2 has been quashed by this Court in Criminal Petition No.104078/2022 for the reason that company is not made as party to the impugned criminal proceedings which is the requirement of Section 10 of the Essential Commodities Act.
4. Learned HCGP does not dispute the said submission made by learned counsel for the petitioner.
5. This Court in Criminal Petition No.104078/2022 has quashed the impugned criminal procee
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
