Krishna v. Gudisagar v State of Karnataka
Case brief
What is this about?
Vicarious liability under S.10 Essential Commodities Act: company must itself be arraigned as an accused before its officers/compliance officer can be fastened with liability. Karnataka HC (Dharwad), Hemant Chandangoudar J., 11.02.2025 (Crl.P. Nos. 100430, 100431, 100440 of 2025) allows the petitions and quashes proceedings under Clause 19(a)/(b) Fertilizer Control Order 1985 / S.7 EC Act (and S.3 r/w S.7(1)(a)(ii) EC Act) against the retailer, compliance officer and partners where the manufacturer-company was not made an accused; continuance held abusive of process.
What did the court decide?
Quashing of the entire proceedings in C.C. Nos. 547 & 548 of 2023 pending before the learned Civil Judge and JMFC Court, Naragund, and C.C. No. 629/2019 pending before the II Additional Civil Judge & JMFC-II, Dharwad, insofar as these petitioners are concerned.