The Criminal Court dismissed a petition seeking quashing of an FIR under IPC 272, 406, 420 and PFA Act alleging milk adulteration, holding that interference is not warranted while the investigation is ongoing.
Criminal Petition dismissed; no quashing of FIR or investigation stay.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF NOVEMBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.3966 OF 2022
BETWEEN:
SRI DODDARAJU S/O MANCHEGOWDA AGED ABOUT 50 YEARS R/A NO.17, 10TH MAIN 2ND CROSS, GNYANJYOTHI NAGAR BENGALURU SOUTH BENGALURU – 560 056.
... PETITIONER
(BY SRI SUNIL S.RAO, ADVOCATE)
AND:
... RESPONDENTS
(BY SMT.K.P.YAHSODHA, HCGP FOR R1; SRI B.RAVINDRA PRASAD, ADVOCATE FOR R2)
2
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE IMPUGNED THE FIR BEARING CR.NO.161/2021 ON THE FILE OF THE II A.C.J AND J.M.F.C MADDUR, MANDYA DISTRICT DATED 28.05.2021 AND THE COMPLAINT LODGED BY THE RESPONDENT NO.2 DATED 27.05.2021 AT ANNEXURE-A AND A1 FOR THE OFFENCE P/U/S 272, 406, 420 OF IPC AND SEC.7(1), 16 OF PREVENTION OF FOOD ADULTERATION ACT.
THIS CRIMINAL PETITION HAVING BEEN HEARD AND RESERVED FOR ORDERS ON 29.10.2022, COMING ON FOR PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
The petitioner is before this Court calling in question crime in Crime No.161 of 2021 registered for offences punishable under Sections 272, 406 and 420 of the IPC and Sections 7(1) and 16 of the Prevention of Food Adulteration Act, 1954 (‘the Act’ for short), pending before the Additional Civil Judge (Junior Division) and JMFC, Maddur.
3
The petitioner is accused No.6 and 2nd respondent/Mandya District Co-operative Milk Producers’ Societies Union Limited (hereinafter referred to as ‘the Union’ for short) is the complainant. The 2nd respondent is a District Milk Federation, which operates under a larger body i.e., Karnataka Milk Federation. The 2nd respondent in the year 2020, invited tenders for transportation of milk from various Village Bulk Milk Coolers (Dairies) to the Central Main Dairy situated at Gejjalageri Village, Mandya District. In one such tender floated, the petitioner was declared to be a successful bidder for Sunkathonuru Village, Yeladahalli and Melukote villages therein, for transportation of milk from village bulk milk coolers to the central main dairy. The petitioner claims to have been operating and executing the contract without any blemish. Things standing thus, the 2nd respondent/the Union registers a complaint before the Police alleging that the said P.Raju, who was also a successful tenderer in one of the tenders was carrying on operations of transportation of milk from bulk milk coolers to the
4
central main dairy by using non-designated vehicles and requested the Police to investigate into the matter. On the basis of the said complaint, a crime comes to be registered on 28-05-2021 in Crime No.161 of 2021. After registration of the crime, the police conduct a spot mahazar and inspected various vehicles including that of the petitioner. Before the investigation revealed that the vehicle used by P.Raju contained a hidden chamber and since the vehicle had a hidden chamber within it, it was urged that it was used for dilution of milk that was carried from village bulk milk coolers, while it was being transported to the central milk dairy. The mahazar did not divulge any vehicle belonging to the petitioner being found having a secret chamber or any incriminating activity. On 12.06.2021, on the ground that the Police had registered a crime in which the petitioner was arrayed as accused No.4, the contract of the petitioner was terminated on 12-06-2021 and the termination resulted in blacklisting of the petitioner. Challenging the termination of the contract and blacklisting, the petitioner approaches this Court in Writ Petition No.16942 of 2021. This Court stayed the order of cancellation of contract and blacklisting by its interim order dated 17-09-2021. Pursuant to the objections being
5
filed in the said writ petition, this Court directed the Union as well as the Investigating Officer to verify whether there were any AB Tankers/secret hidden chambers in the milk vehicles of the petitioner as had been alleged. It appears that pursuant to the order passed in Writ Petition No.16942 of 2021, the investigation was conducted and a report was submitted to the effect that the vehicles of the petitioner did not have any secret chamber. Based upon the said investigation conducted by the CID, which held that there was no secret chamber in the vehicles owned by the petitioner, the petitioner files the subject criminal petition seeking quashment of crime in Crime No.161 of 2021, insofar as it concerns accused No.6 i.e., the petitioner.
6
learned counsel would contend, would be contrary to the investigation conducted and placed before this Court in the aforesaid writ petition.
7
8
transportation. During the investigation, it was found that on 03-12-2021, one of the parked vehicles bearing No.KA-41-A-7724, which belonged to the petitioner and unauthorisedly being used to transport such milk was seized and taken into custody by the Crime Investigation Department. Investigation is yet to conclude. The offence so alleged against the petitioner, be it under the Act or under the IPC, is yet to be determined by drawing up of a final report/charge sheet against the petitioner.
9
milk being taken away by the greed of the petitioner. Not stopping at that, it is also alleged that the petitioner and the like are adding a chemical by name Maltodextrin to the milk. Therefore, in the teeth of these facts, pending investigation there is no warrant for any interference at the hands of this Court at this juncture. It would be always open to the petitioner to approach the appropriate forum once the final report is filed by the Police.
Sd/JUDGE
nvj CT:MJ
2 issues framed by the court
Whether the Criminal Court can quash the registration of an FIR during the pendency of investigation into alleged milk adulteration.
Whether the petitioner can secure quashing of charges pending the filing of the charge sheet by the investigative agency.
5 provisions across 3 enactments
Sri Doddaraju S/o Manchegowda
State of Karnataka
The Mandya District Co-operative Milk Producers Societies Union Limited
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
