IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 6^TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 201392 OF 2024 (482(Cr.PC)/528(BNSS))

BETWEEN:

1. SMT. KARRI JAYALAXMIDEVI W/O RATHNA KUMARA KARRI, AGED ABOUT 58 YEARS, R/AT. FLAT NO. 602, LAXMI VENKATESHWARA COLONY, OPP AGRICULTURE UNIVERSITY, MYTRI TOWERS, RAICHUR-584101, PROPRIETOR OF M/S SURYODAYA AGRO INPUT MARKETING AGENCY, PLOT NO.23, 24, 45 AND 46 KIDB INDUSTRIAL AREA, HYDERABAD ROAD, RAICHUR – 584101.

2. MANAGING DIRECTOR M/S. ARIES AGRO LTD., REP BY RAHUL MIRCHANDANI, PLOT NO.244-246, 250-252, IDA, PHASE II, PASHAMAILARAM (V), PATANCHERU (M), SANGAREDDY-502307, TELANGANA.

3. PAVAN KUMAR UPPALAPATI S/O UPPALPATI HANUMANTHA RAJU, AGED ABOUT 36 YEARS, R/AT 7-78 DN COLONY, MUTHANGI, BEHIND SHARADHA HIGH SCHOOL, ISNAPUR, MEDAK, TELANGANA – 502307., MANAGER (QC AND LIAISON)

AT M/S ARIES AGRO LTD., PLOT NO.244-246, 250-252, IDA, PHASE II, PASHAMAILARAM (V), PATANCHERU (M), SANGAREDDY - 502307 TELANGANA.

…PETITIONERS (BY SRI/SMT MANASI SHARMA, ADVOCATE)

AND:

STATE OF KARNATAKA, REPRESENTED BY, FERTILIZER INSPECTOR AND ASSISTANT DIRECTOR OF AGRICULTURE, (JARIDAL-2), SRI. MALLIKARJUNA, OFFICE OF JOINT DIRECTORS, RAICHUR – 584101, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585103.

…RESPONDENT (BY SRI GOPAL KRISHNA YADAV, HCGP)

THIS CRL.P IS FILED U/SEC. 528 OF BNSS,2023 PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE ACCUSED/ PETITIONERS IN C.C.NO. 2947/2023 ARISING OUT OF UN-NUMBERED PCR PENDING ON THE FILE OF HON’BLE PRINCIPAL SENIOR CIVIL JUDGE AND CJM, RAICHUR FOR VIOLATION OF SECTION 2(h), 13(1)(a), (2) AND 21 OF FERTILIZER CONTROL ORDER, 1985, PUNISHABLE U/S 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 AT ANNEXURE-A AND B. AND GRANT SUCH OTHER RELIEF/S AS THIS HON’BLE COURT DEEMS FIT.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH)

1. The petitioners are before this Court seeking to quash the proceedings in C.C No.2947/2023 pending on the file of Principal Senior Civil Judge and CJM, Raichur.

Brief facts of the case:

2. It is the case of the prosecution that the Fertilizer Inspector and the Assistant Director of Agriculture, Raichur stated to have conducted an inspection on 24.06.2022 at M/s.Suryodaya Agro Input Marketing Agency, Raichur. He found that the respondent was selling non-notified fertilizer, namely, ‘HORTISTAR’. Therefore, he collected the samples and drawn the mahazar and sent the collected samples to the Deputy Director of Agriculture, Fertilizer Controller Laboratory, Bengaluru for analysis. Thereafter, they found that the said fertilizer was not notified in the schedule. Therefore, a case came to be registered against the petitioners.

3. Heard Sri.Manasi Sharma, learned counsel for the petitioners and Sri.Gopal Kirhna Yadav, learned High Court Government Pleader for the respondent – State.

4. It is the submission of the learned counsel for the petitioners that the complainant has alleged that the said non-notified fertilizer had been manufactured by the company, namely, M/s.Aries Agro Limited. However, the company has not been made as one of the essential persons or the accused to the case, which is contrary to the provisions of the Act and also settled principle of law. Therefore, the initiation of the proceedings against these petitioners are to be vitiated. Making such submissions, the learned counsel for the petitioners prays to allow the petition.

5. Per contra, the learned High Court Government Pleader for the respondent – State vehemently submitted that the accused Nos.2 and 3 are the Managing Director and Manager of the said company, there is no necessity to make company as one of the accused.

6. It is further submitted that the accused No.1 was selling a non-notified fertilizer in order to trouble the farmers and also bring down the reputation to the Department. Therefore, it