This petition is filed praying to quash the charge

sheet and order of taking cognizance dated 04.08.2021 in

C.C.No.454/2021 in respect of Crime No.70/2020 of

Turvihal Police Station, pending on the file of the Senior

Civil Judge and JMFC, Sindhanoor for the offences

punishable under Sections 420 and 34 of Indian Penal Code

(for short 'IPC'.).

It is the case of the prosecution that FIR came

to be registered on the basis of complaint lodged by PSI of

Turvihal Police Station stating that on 03.06.2020 at about

06.20 a.m. he received a credible information that accused

No.1 is transporting the fake cotton seeds from Kanakageri

to Sindhnoor via Umalutti village in a Cruiser Jeep bearing

its Reg.No.KA-29-B-1679 and Ashok Leyland Mini Goods

bearing Reg.No.KA-37-A-7360 with an intention to sell the

seeds to the farmers with an intention to cheat the farmers.

Accordingly, he called the panchas and his staff and went to

Tungabhadra Left Canal of Turvihal village at 07.00 a.m.

and found two vehicles and they intercepted them. Then

3

they conducted a raid in the presence of panchas and found

that accused Nos.1 to 3 were transporting 26 bags of seeds

written as BILLA 999 BG No.II and 2584 packets weighing

450 grams written as new Raghu-39 double Guard-II.

Further they have seized Rs.19,500/- and fake cotton seeds

weighing 50 kgs and 04 packets of onion and they have

seized. After completion of investigation the police have

filed the charge sheet.

The learned Magistrate has taken cognizance

and issued summons to the accused, which is challenged in

this petition.

04.

Heard Sri. Mahantesh Patil, the learned counsel

for the petitioners and Sri. Veeranagouda Malilpatil, the

learned High Court Government Pleader for the respondent

– State.

05.

The learned counsel for the petitioners has

argued that the initiation of criminal proceedings by the

respondent – police against the petitioners is bad in law. It

is contended that respondent - police is not an authority to

4

take sample of the seeds under the Seeds Act, 1966 and

send the same for analysis. There is no copy of the sample

given to the petitioners. The report of the copy is also not

served, so as to challenge the same. In the absence of the

mandatory provisions of Seeds Act, it is nothing but abuse

of process of law. The charge sheet material does not show

that the petitioners have sold the alleged seeds to anyone.

Therefore, ingredients of Section 415 of IPC are not

attracted. If Section 415 of IPC is perused, none of the

ingredients

of

cheating

has

been

made

out.

The

complainant is not an authority to conduct raid. Therefore,

FIR registered under the Act which is bad in law, in view of

the decision of the Hon’ble Supreme Court in the case of

State of Haryana vs. Bhajanlal reported in AIR 1992 SC

604. If the allegation in the first information report or in

the complaint, are taken into face of value and accepted

into entirety, it does not prima-facie construed offence or

make out case against the petitioners and such proceedings

are abuse in law. The initiation of such proceedings is

nothing but harassing the petitioners. In support of his

argument he has relied upon the decision of the Hon’ble

5

Supreme Court in the case of Rekha Jain vs. The State of

Karnataka and another reported in 2022 LiveLaw (SC)

468. Accordingly, he prays to allow the petition.

06.

Against

this,

the

learned

High

Court

Government

Pleader

argued

that

the

police

have

intercepted the vehicles and found that cotton seeds are

fake and to take more money they were transporting seeds

in those vehicles. The police have investigated case and

found that such seeds are sold to the formers knowing that

they are fake seeds. Therefore, the charge sheet is filed

against the petitioners for the offences punishable under

Section 420 of IPC. Such seeds are also sent for analysis

report. The report shows that the seeds are fake.

Therefore, the said laying of charge sheet cannot be

interfered. Hence, the learned High Court Government

Plea