IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 1^ST DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR CRIMINAL PETITION NO.100632 OF 2026 (482 OF Cr.PC/528 OF BNSS)

BETWEEN:

SHRI RAMAPPA BADIGER, AGE 58 YEARS, JOINT GENERAL MANAGER, SPECIALTY FERTILIZERS & PRODUCT HANDLING, PANAMBUR, MANGLORE.

…PETITIONER (BY SRI M. J. PEERJADE, ADVOCATE)

AND:

THE STATE OF KARNATAKA, R/BY THE FERTILIZER INSPECTOR CUM AGRICULTURAL OFFICER, MUDHOL, R/BY S.P.P., HIGH COURT OF KARNATAKA, BENCH DHARWAD.

Digitally signed by …RESPONDENT MALLIKARJUN RUDRAYYA KALMATH (BY SRI ABHISHEK MALIPATIL, HCGP)

Location: High Court of Karnataka, Dharwad Bench THIS CRIMINAL PETITION IS FILED U/S.482 OF THE CODE OF CRIMINAL PROCEDURE, (U/S.528 OF BNSS) PRAYING TO THAT THE COMPLAINT AND ALL FURTHER PROCEEDINGS IN C.C. NO.1849/2016 FILED AND PENDING BEFORE THE PRL. CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS MUDHOL AGAINST THE PETITIONER/ACCUSED NO.2 UNDER CLAUSE OF THE 19 OF THE FERTILIZER CONTROL ORDER 1985 R/W. SECTION 3 AND 7 OF THE ESSENTIAL COMMODITIES ACT, 1955 BE QUASHED IN THE INTEREST OF JUSTICE.

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

CORAM: THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR

ORAL ORDER

This petition is filed by the petitioner/accused No.2 under Section 482 of the Code of Criminal Procedure, 1973¹/Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023², seeking for the following relief:

“WHEREFORE IT IS, most respectfully prayed that, the complaint and all further proceedings in C.C.No.1849/2016 filed and pending before the court of PRL. Civil Judge and Judicial Magistrate First Class Mudhol against the Petitioner/Accused No.2 under clause of the 19 of the Fertilizer control order 1985 r/w sec.3 & 7 of the Essential Commodities Act 1955 be kindly quashed in the interests of justice”.

2. It is the case of the prosecution, as borne out from the complaint and material available at this stage that accused No.1 is the owner of the firm, Shri: Suresh Venkappa Hosur, Balaji Fertilizers, Mahalingapur. The said

Hereinafter referred to as the ‘Cr.P.C.’

Hereinafter referred to as the ‘BNSS, 2023’

firm is engaged in the business of retail sale of fertilizers and holds a retailer’s license for selling fertilizers. Whereas, accused No.2 is the Joint General Manager, Specialty fertilizers and Product Handling of Mangalore chemicals and Fertilizer [MCF] Company Pananmbur, Mangalore.

3. Upon inspection conducted by the complainant/Fertiliser Inspector-cum-Assistant Agriculture Officer, Agriculture Department, Mudhol, it was found from the report of the Fertilizer Analyst, Dharwad Laboratory, that the sample of fertilizer in question was sub-standard, and the report states that ‘the sample is not according to specification and fails in nutrient content’.

4. Thereafter, accused No.1 was issued a notice along with the report of the Fertilizer Analyst by the complainant. After receipt of notice, accused No.1 has requested re-analysis of the owner’s sample. As per the request of accused No.1, the sample was sent for re- analysis to the Commissioner of Agriculture, Sheshadri road, Bangalore, on 21.07.2016. It is submitted that as per the Assistant Chemical Specialist, Fertilizer Quality Control Laboratory, Bhopal[MP], the owner’s sample of fertilizer also failed in the re-analysis test, i.e., it was sub-standard one, as per serial Nos.3 and 9 of the said report.

5. In this regard, copies of the re-analysis report of the Bhopal [MP State] laboratory and the analysis report of Dharwad laboratory were delivered to accused Nos.1 and 2 along with notices.

6. The learned Magistrate after perusing the complaint, took cognizance of the offence and issued summons. Aggrieved by this, accused No.2 has approached this Court.

7. It is alleged that accused No.2, being the Joint General Manager, Specialty fertilizers and Product Handling for Mangalore chemicals and Fertilizer [MCF] Company, Pananmbur, Mangalore, failed to