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)
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 .
4. Learned HCGP does not dispute the said submission made by learned counsel for the petitioner.
“6. Section 2(a) of the Fertilizer (Control)
7. In the instant case, the Company having not been arrayed as an accused, the petitioner cannot be held vicariously guilty of the aforesaid offences as specified under Section 10 of the Essential Commodities Act, 1955 . Accordingly, I pass the following:
6. The said reasoning is squarely applicable to the case of the petitioner. Therefore, I am of the opinion that this petition needs to be allowed. Accordin
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
