IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17^TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA WRIT PETITION NO. 36029 OF 2025 (GM-RES)

BETWEEN:

1. IMTHIAZ ABDUL REHAMAN CHOUDAK, S/O ABDUL REHAMAN CHOUDAK, AGED ABOUT 36 YEARS, RESIDING AT MOODU GOPADI BIJADI VILLAGE, KOTESHWARA, KUNDAPURA, UDUPI - 576 222.

2. MAHAMMED NASEER, S/O LATE ABDUL REHAMAN, AGED ABOUT 27 YEARS, Digitally RESIDING AT HOUSE NO.1-126/A, signed by SANJEEVINI J MAVINKATTE, KURKUNJE VILLAGE, KARISHETTY KUNDAPURA, UDUPI - 576 283.

Location:

High Court of Karnataka

3. MAHAMMED TAYUB, S/O HEMZA SAHEB, AGED ABOUT 29 YEARS, HOUSE NO.6-417, ZEENATH MANZIL, BEACH ROAD, HALE ALAVE, KOTESHWARA, KUNDAPURA, UDUPI – 576 222.

…PETITIONERS (BY SMT. HALEEMA AMEEN, ADVOCATE)

AND:

THE STATE BY SHO, KAPU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, AMBEDKAR VEEDHI, BENGALURU – 560 001.

…RESPONDENT (BY SRI. B.N.JAGADEESHA, ADDL. SPP)

THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C PRAYING TO QUASH THE ORDER OF COGNIZANCE TAKEN, DATED 17.12.2021 PRODUCED AT ANNEXURE-A AGAINST THE PETITIONERS PENDING ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, UDUPI IN CC NO. 4736/2021 (CRIME NO. 148/2020 OF KAPU PS) FOR OFFENCE PUNISHABLE UNDER SECTIONS 3, 6 AND 7 OF ESSENTIAL COMMODITIES ACT, 1955.

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

CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

ORAL ORDER

Heard the learned counsel Smt. Haleema Ameen, appearing for the petitioners, Sri. B.N.Jagadeesha, the learned Addl. SPP appearing for the respondent and have perused the material on record.

2. The petitioners are before this Court, seeking the following prayers:

"a). Issue a writ of certiorari or any other appropriate order, quashing the order of cognizance taken, dated 17.12.2021, produced at ANNEXURE A, against the petitioners, pending on the file of II Additional Civil Judge & JMFC, Udupi, in CC No.4736/2021, (Crime No. 148/2020 of Kapu PS) for offence punishable under sections 3, 6 and 7 of Essential Commodities Act 1955.

b). Issue such other relief/s as is deemed fit to grant in favour of the petitioners by this Hon'ble Court in view of the facts and circumstances of the cases, in the interest of justice."

3. Learned counsel appearing for the petitioners would submit that the issue in the lis stands covered by the judgment rendered by the Coordinate Bench of this Court in W.P.No.15226/2024 disposed on 28.03.2025, wherein it has held as follows:

"The Petitioner challenges the order of cognizance dated 12.04.2022 taken by the Learned Additional Civil Judge and J.M.F.C., Kundapura, in C.C. No. 988/2022 for the offences punishable under Sections 3, 6, and 7 of the Essential Commodities Act, 1955.

2. The prosecution alleges that, as per the complaint made by the Food Inspector on 27.08.2020, and based on information received from police officials regarding hoarding of fair price rice in a house at Mepu, Koteshwara village, the Probationary Officer, Deputy Tahsildar, and constables of Kundapura Police Station conducted a search and found rice stored in polythene bags in a house. They found six persons who were collecting the rice, and the police seized 30,800 kilograms of rice. A case was registered against six accused, including the Petitioner/Accused No. 2.

3. After conducting an investigation, the police filed a charge sheet dated 25.06.2021 against the accused, including the petitioner. The allegation against the petitioner is that he stored 30,800 kilograms of rice, meant for the Public Distribution System (PDS), with the intent to sell it at a higher market price.

4. Smt. Haleema Ameen, learned counsel for the petitioner, submitted that it was improper for the police to register a case based on the complaint of the Food Inspector. Under the Essential Commodities Act, a private complaint must be filed before the Magistrate for cognizance to be taken. The Food Inspecto