Harihark J vs State of Karnataka - Quashing Proceedings

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• Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc -... Upgrade to Premium [Cites 6, Cited by 0 ] ### Karnataka High Court

Harihark J vs The State Of Karnataka on 18 March, 2026

Author: Shivashankar Amarannavar

Bench: Shivashankar Amarannavar

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NC: 2026:KHC-D:4311
CRL.P No. 100618 of 2024

                   HC-KAR

                     IN THE HIGH COURT OF KARNATAKA AT DHARWAD

                            DATED THIS THE 18TH DAY OF MARCH 2026

                                           BEFORE

                  THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                             CRIMINAL PETITION NO.100618 OF 2024
                                    (482([Cr.PC](https://indiankanoon.org/doc/445276/))/528(BNSS))

                   BETWEEN:

                   HARIHAR J.,
                   AGE: 45 YEARS, OCC: SENIOR MANAGER,
                   QUALITY CONTROL, MANGALURU CHEMICALS
                   AND FERTILIZERS LTD., PANAMBURU,
                   MANGALURU-575001.
                                                               ...PETITIONER
                   (BY SRI. RAKESH S.HATTIKATAGI, ADVOCATE)

                   AND:

VISHAL
NINGAPPA THE STATE OF KARNATAKA
PATTIHAL BY ASSISTANT DIRECTOR OF AGRICULTURE
AND FERTILIZER INSPECTOR, KUMTA,
Digitally signed by
VISHAL NINGAPPA
OFFICE OF THE ASSISTANT DIRECTOR OF
PATTIHAL
Location: HIGH
AGRICULTURE, KUMTA, DIST: UK,
COURT OF
KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR,
DHARWAD BENCH
HIGH COURT OF KARNATAKA,
DHARWAD BENCH-580011.
...RESPONDENT
(BY SRI. JAIRAM SIDDI, HCGP FOR R1)

                       THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
                   SEEKING TO ALLOW THE PETITION AND QUASH THE ENTIRE
                   PROCEEDINGS AS AGAINST THE PETITIONER (ACCUSED NO.5)
                   IN CC NO.654/2019 (ARISING OUT OF P.C. NO.201/2019)
                   PENDING BEFORE JMFC, KUMTA FOR THE ALLEGED
                   OFFENCES PUNISHABLE U/S 7 AND 9 OF ESSENTIAL
                   COMMODITIES ACT R/W SECTION 34 OF [IPC](https://indiankanoon.org/doc/1569253/).
                         -2-
                                    NC: 2026:KHC-D:4311
                              CRL.P No. 100618 of 2024

HC-KAR

 THIS CRIMINAL PETITION COMING ON FOR ADMISSION

THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

                   ORAL ORDER 1.   This Criminal Petition is filed by the present

petitioner (accused No.5) under Section 482 of the Code of

Criminal Procedure, seeking to quash the entire proceedings

pending against him in C.C. No.654 of 2019, arising out of

P.C. No.201 of 2019, on the file of the JMFC, Kumta,

registered for the offences punishable under Sections 7 and 9 of the Essential Commodities Act read with Section 34 of the

Indian Penal Code.

1. Heard the learned counsel appearing for the

petitioner and the learned High Court Government Pleader

appearing for the respondent-State.

1. Learned counsel appearing for the petitioner

contends that the petitioner, who has been arrayed as

accused No.5, is not a Quality Control Officer appointed by

accused No.1. Accused No.1 is the manufacturer of fertilizers -3- NC: 2026:KHC-D:4311 CRL.P No. 100618 of 2024 HC-KAR

and has appointed a Quality Control Officer under Rule 24 of

the Fertilizer Control Order, 1985. The petitioner is appointed

as a Quality Control Officer by accused No.3, namely

Mangalore Chemicals and Fertilizers Ltd., which not only

manufactures fertilizers but also distributes the fertilizers

produced by other manufacturers, including accused No.1.

Since the petitioner (accused No.5) is not appointed as a

Quality Control Officer by accused No.1, he has no role in

checking the quality of fertilizers allegedly manufactured by

accused No.1. The proceedings against accused Nos.1 and 2

are quashed in Crl. P. No. 102645 of 2022, and against

accused Nos.3 and 4 in Crl. P. No. 102168 of 2019. On these

grounds, the learned counsel for the petitioner prays to allow

this criminal petition.

1. Per contra, the learned High Court Government

Pleader placed on record the report submitted by the

Assistant Director of Agriculture, Kumta, contending that the

petitioner is not the Quality Control Officer appointed by

accused No.1, namely Samukta Agro Tech Private Limited, -4- NC: 2026:KHC-D:4311 CRL.P No. 100618 of 2024 HC-KAR

Dharwad. Accused No.5 has worked as a Quality Control

Officer under accused No.3, namely Mangalore Chemicals &

Fertilizers (the marketing company), at Mangalore.

1. Having heard the learned counsel for the petitioner

and the learned High Court Government Pleader for the

respondent-State, and upon perusal of the material placed on

record, it is seen that the Assistant Director of Agriculture,

namely Shankar Ganapati Hegde, has filed a complaint in

P.C. No. 201 of 2019 on the file of the JMFC, Kumta, against

accused Nos.1 to 6. In the said complaint, it is alleged that

accused No.1 is the manufacturer of fertilizers and supplied it

to Accused No.3, who in turn supplied it to accused No.6, who

is a retailer. The fertilizer found with accused No.6, the

retailer, was of substandard quality.

1. As per the averments in the complaint, there is no

allegation that accused No.3 has manufactured the fertilizers

found in the shop of accused No.6, the retailer. The petitioner

(accused No.5) is a Quality Control Officer appointed by

accused No.3.

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NC: 2026:KHC-D:4311 CRL.P No. 100618 of 2024 HC-KAR

1. This Court directed the learned High Court

Government Pleader to ascertain whether the petitioner

(accused No.5) is a Quality Control Officer appointed by

accused No.1. In reply, the learned High Court Government

Pleader has placed on record the report submitted by the

Assistant Director of Agriculture, Kumta. In the said report, it

is stated that accused No.1, namely Samukta Agro Tech

Private Limited, Dharwad, has appointed its own Quality

Control Officer. It is further stated that accused No.5 has

worked as a Quality Control Officer in Mangalore Chemicals &

Fertilizers (the marketing company), Mangalore namely

accused No.3. Thus, the petitioner (accused No.5) has worked

under accused No.3, which has not manufactured the

fertilizers found in the premises of accused No.6, the retailer,

which were of substandard quality.

1. Considering the above aspects, the offences alleged

against the petitioner are not attracted. Hence, the following: -6-

NC: 2026:KHC-D:4311 CRL.P No. 100618 of 2024 HC-KAR

ORDER

(i) The petition is allowed.

(ii) The proceedings against the petitioner

(Accused No. 5) in C.C. No. 654 of 2019,

arising out of P.C. No. 201 of 2019, pending

on the file of the JMFC, Kumta, for the

offences punishable under Sections 7 and 9 of the Essential Commodities Act, are hereby

quashed.

Sd/-

(SHIVASHANKAR AMARANNAVAR)
JUDGE

VNP / CT: VH
List No.: 1 Sl No.: 13