IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 31^ST DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 103345 OF 2025 (482(CR.PC)/528(BNSS))

BETWEEN:

SRI MAHADEVA S/O. GANGARAM HIREMATH, AGE. 43 YEARS OCC. AGRICULTURE, R/O. BAVANASOUDATTI, TQ. RAIBAG DIST. BELAGAVI.

…PETITIONER (BY SRI. SACHCHIDANAND BABAJI PATIL P., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA, THROUGH I.O. KAGWAD POLICE STATION, REPRESENTED BY ITS STATE PUBLIC PROSECUTORE, HIGH COURT OF DHARWAD.

2. SRI. SUNIL SADASHIV KATTI, AGE 32 YEARS, OCC. FOOD INSPECTOR Dig itally signed by RAKESH S FOOD DEPARTMENT, HARIHAR R/O. KANAK NAGAR, ATHANI, Location: High TQ. ATHANI DIST. BELAGAVI.

Court of Karnataka, …RESPONDENTS Dharwad Bench, (BY SRI. T. HANUMAREDDY, AGA)

Dharwad THIS CRL.P. IS FILED UNDER SECTION 482 OF CR.P.C. READ WITH SEC.528 OF BNSS, 2023) SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.219 OF 2023 INSOFAR AS IT RELATES TO PETITIONER / ACCUSED NO.1 FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT PENDING BEFORE THE CIVIL JUDGE AND JMFC., KAGWAD.

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

ORAL ORDER

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

The petitioner is before this Court calling in question the proceedings in C.C. No.219/2023 on the file of learned Civil Judge and JMFC, Kagwad registered for the offences punishable under Sections 3 and 7 of the Essential Commodities Act, 1955.

2. Learned counsel for the petitioner submits that the issue in the lis stands covered by the judgment rendered by the Co-ordinate Bench of this Court in the case of T.Tippeswamy S/o. Sanna Tippaiah Vs. the State of Karnataka in Crl.P. No.5130/2023, disposed off on 29.08.2023, wherein the identical issues have been raised and have been answered in favour of the petitioners therein. The Co-ordinate Bench of this Court has held as follows:

“1. The petitioners are before this Court seeking for the following reliefs:

“WHEREFORE, the petitioners in the above case most humbly pray this Hon’ble court to be please to quash the FIR in Cr.No.172/2016 of Rampura Piolice Station, Molakamuru circle, Chitradurga district for offences punishable u/s 3 and 7 of the Essential Commodities Act, 1955 and further be pleased to quash the entire proceedings pending in CC.No.489/2017 on the file of Civil Judge & JMFC Molakalmuru, Chirtradurga District for offences punishable u/s 3 and 7 of the Essential Commodities Act, 1955 as against them, in the interest of justice.”

2. On 26.12.2016, the complainant (Food Shirastedar, Molakalmuru Taluk) had received credible information that Eicher lorry bearing No.KA-16-B- 4335 was proceeding to Challakere from Bellary transporting rice meant for Public Distribution without any valid licence.

3. The said Food Shirastedar who is the defacto complainant went to the Rampura Police Station and informed the concerned PSI about the credible information and lodged the written complaint.

4. At about 3.00 pm., when the said vehicle arrived in front of Rampura Police Station from Bellary side, the vehicle was stopped by the police alleging that the contents of the goods in the vehicle were rice worth about Rs.45,000/- in 45 gunny bags and another set of rice in 170 plastic bags worth about Rs.1,36,000/- allegedly on the ground that same was meant for Public Distribution System.

5. A complaint in Crime No.172/2016 came to be registered for the offences punishable under Sections 3 and 7 of Essential Commodities Act, 1955, the mahazar was conducted and upon investigation, a charge sheet has been filed on 08.05.2017, which is under challenge in these proceedings.

6. On an earlier occasion, the petitioners had approached this Court in Crl.P.No.2048/2018, which came to be disposed of on 26.09.2022 in terms of the order passed in Crl.P.No.9689/2016.

7. The contention of the learned counsel for the petitioners is that paragraph No.14 of the said order in Crl.P.No.