IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6^TH DAY OF FEBRUARY 2026 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO.105348 OF 2025 BETWEEN:

SRI RAVI KULLOLLI AGE: 39 YEARS, OCC. BUSINESS, PROP. MAHANTESH ENTERPRISES, OPP. POLICE STATION, LOKAPUR-587122, TQ. MUDHOL, DIST. BAGALKOTE.

…PETITIONER (BY SRI.N.L. BATAKURKI, ADVOCATE)

AND:

THE STATE OF KARNATAKA THROUGH SHRI M.R. NAGUR, AGE: 47 YEARS, FERTILIZER INSPECTOR CUM ASSISTANT DIRECTOR OF AGRICULTURE, O/O. JOINT DIRECTOR OF AGRICULTURE, BAGALKOTE-587101, TQ. AND DIST. BAGALKOTE, REP. BY SPP, AG OFFICE, HIGH COURT BUILDING, DHARWAD.

Digitally signed by VIJAYALAKSHMI VIJAYALAKSHMI …RESPONDENT M KANKUPPI M KANKUPPI D 10 a : t 4 e 0 : : 2 5 0 0 2 + 6. 0 0 5 2 3 .1 0 0 (BY SMT.MALA BHUTE, AGA)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ORDER OF ISSUE OF PROCESS FOR THE OFFENCE PUNISHABLE UNDER CLAUSE 19 OF FERTILIZER (CONTROL) ORDER, 1985 R/W. SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT BY THE PRIL. CIVIL JUDGE AND J.M.F.C., MUDHOL IN CC NO.573/2021 DATED 15.07.2021 AND CONSEQUENTLY QUASH THE COMPLAINT AGAINST THE ACCUSED NO.1/PETITIONER HEREIN IN THE INTEREST OF JUSTICE AND EQUITY.

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

CORAM: THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

1. The petitioner has sought to quash the order issuing process against him in C.C. No.573/2021, for the offence punishable under Clause 19 of The Fertilizer (Control) Order, 1985 read with Sections 3 and 7 of the Essential Commodities Act, by the Court of Principal Civil Judge and JMFC-Mudhol.

2. The matter arises out of a private complaint filed by the Fertilizer Inspector cum Assistant Director of Agriculture, (HQ), O/o Joint Director of Agriculture, Bagalkote. The said complaint was filed against accused No.1, owner /proprietor of the firm-M/s Mahantesh enterprises, accused No.2-Complinace Officer of Zuari Agro Chemical Limited and one more accused alleging that they have committed an offence under Clause 19 of The Fertilizer (Control) Order, 1985 read with Sections 3 and 7 of the Essential Commodities Act, for having manufactured and sold the non-standard fertilizer.

3. The petitioner is said to be the owner and proprietor of the firm M/s Mahantesh Enterprises, doing business as a retailer in fertilizers and accused No.2 is said to be the Compliance Officer of one Zuari Agro Chemical Limited. The allegations are that the said Zuari Agro Chemical Limited has manufactured non-standard fertilizer in question i.e. 19- 19-19 complex fertilizer and supplied to the retailers and thereby committed the aforementioned offences.

4. It is contented by the learned counsel for petitioner that for purchasing the fertilizer and its quality, the petitioner cannot be made responsible. He contended that the company which manufactured the fertilizer, being a necessary party, not being arraigned as an accused in the complaint, the proceeding vitiates.

5. Learned AGA opposed the petition contending that the petitioner has to take all contentions before the trial court and in view of the prima facie case against him, the proceedings cannot be quashed.

6. Admittedly, the company is not arraigned as an accused in the complaint. In similar circumstances, it is held in Criminal Petition No.102651/2022 disposed on 14.09.2022 as under:

“8. Section 10 of the Essential Commodities Act, 1955, deals with the offence by Companies and it reads as follows:

10. Offences by companies.— (1) If the person contravening an order made under section 3 is a company, every person who, at the time the contravention was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the contravention and shall be liable to be proceeded against and punished accordingly:

Provided that nothing contained in this sub-se