Vinod Channannavar and Ors. Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

Vinod Channannavar and Ors. Vs State of Karnataka — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; cognizance order quashed along with the entire proceedings in C.C.No.1077/2024; matter remitted to the Trial Magistrate for fresh consideration/disposal from the stage of taking cognizance.

Issue for consideration

Whether the Trial Magistrate could take cognizance and summon the petitioners, who are admittedly residents of Dharwad District outside the Magistrate's territorial jurisdiction, without conducting an enquiry under Section 202 Cr.P.C.

Court's answer

The material on record does not indicate that any enquiry under Section 202 Cr.P.C. was conducted by the Trial Magistrate before taking cognizance, which is in violation of settled principles of law.

Ratio / Principle

The entire proceedings against the accused/petitioners in C.C.No.1077/2024 pending before the Additional Senior Civil Judge and JMFC, Bidar stand quashed.

Key takeaways

The matter is remitted to the Trial Magistrate for fresh disposal from the stage of taking cognizance in accordance with law.ratio¶48

Detailed headnote1 paragraphs

Criminal petition under Section 528 BNSS, 2023 (erstwhile Section 482 Cr.P.C.) allowed. Cognizance taken by the Additional Senior Civil Judge and JMFC, Bidar in C.C.No.1077/2024 (arising out of an un-numbered PCR) for violation of Section 19(c)(vii) of the Fertilizer Control Order, 1985, punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955, following seizure of fertilizers found of sub-standard quality as per the due report, was quashed. Held: the record disclosed no enquiry under Section 202 Cr.P.C. by the Trial Magistrate before taking cognizance and summoning the accused, who are admittedly residents of Dharwad District outside the Trial Magistrate's territorial jurisdiction, which is in violation of settled principles of law. Proceedings quashed and matter remitted to the Trial Magistrate for fresh disposal from the stage of taking cognizance. (Justice V Srishananda, High Court of Karnataka, Kalaburagi Bench, 10-06-2025.)

1 -

NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025

HC-KAR

IN THE HIGH COURT OF KARNATAKA,

KALABURAGI BENCH

DATED THIS THE 10^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MR. JUSTICE V SRISHANANDA

CRIMINAL PETITION NO.200101 OF 2025

(482(Cr.PC)/528(BNSS))

BETWEEN:

VINOD CHANNANNAVAR S/O SHANKAR,

AGED ABOUT 37 YEARS, WORKING AS CHEMIST M/S LAXMI NARYAN BIOTECH, BIDAR NO.29, 1^ST FLOOR, KIADB INDUSTRIAL AREA, RAYAPUR, DHARWAD-580009.

Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA

RUDRAPPA CHIKKAHARUNI S/O DHARMAPPA, AGED ABOUT YEARS, WORKING AS RESPONSIBLE PERSON, M/S LAXMI NARYAN BIOTECH, BIDAR, POST: HIREHARAKUNI, KUNDGOL TALUK, DHARWAD-581113.

M/S LAXMI NARYAN BIOTECH REGISTERED PARTNERSHIP FIRM REPRESENTED BY ITS MANAGING DIRECTOR, SRI NAVEEN AKALWADI S/O VINAYAK AGED ABOUT 45 YEARS, NO.29, 1^ST FLOOR, KIADB INDUSTRIAL AREA, RAYAPUR, DHARWAD-580009.

…PETITIONERS

(BY SMT. MANASI SHARMA, ADVOCATE FOR SRI NITIN R., ADVOCATE)

2 - NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025

HC-KAR

AND:

STATE OF KARNATAKA, REPRESENTED BY SANGAMESH AGRICULTURE OFFICER AND FERTILIZER INSPECTOR, RAITA SAMPARKA KENDRA, BAGADAL TALUK, BIDAR-585226.

…RESPONDENT

(BY SRI JAMADAR SHAHABUDDIN, HCGP)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, 2023 PRAYING TO, QUASH THE ENTIRE PROCEEDING AGAINST THE ACCUSED/PETITIONERS IN CC NO.1077/2024 ARISING OUT OF UN-UNNUMBERED PCR, PENDING ON THE FILE OF THE ADDL. SENIOR CIVIL JUDGE AND JMFC, BIDAR FOR VIOLATION OF SECTION 19(c)(vii) OF FERTILIZER CONTROL ORDER, 1985, PUNISHABLE U/S 7(1)(a)(ii) OF THE ESSENTIAL COMMODITIES ACT, 1955 AT ANNEXURES-A AND B.

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

CORAM: HON'BLE MR. JUSTICE V SRISHANANDA

ORAL ORDER

(PER: HON'BLE MR. JUSTICE V SRISHANANDA)

Heard Smt. Manasi Sharma, learned counsel for

Sri Nitin R., learned counsel for the petitioners and Sri Jamadar Shahabuddin, learned High Court Government Pleader for the respondent/State.

3 - NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025

HC-KAR

Order of taking cognizance in respect of the

complainant on account of seizure of fertilizers which is a sub-standard quality as per the due report is called in question in this petition.

Among the other grounds, the learned counsel for the petitioners primarily urges the ground that there was no enquiry under Section 202 of Cr.P.C. by the learned Trial Judge before taking cognizance and summoning the petitioners, who are admittedly the residents of Dharwad District, which is outside the territorial jurisdiction of Trial Magistrate.

Material on record does not indicate that enquiry under Section 202 of Cr.P.C. has been conducted by the Trial Magistrate before taking cognizance which is in violation of settled principles of law.

Accordingly, order taking cognizance needs to

be quashed and matter to be remitted to the Trial

4 -

NC: 2025:KHC-K:2975 CRL.P No. 200101 of 2025

HC-KAR

Magistrate for fresh consideration from the stage of taking

cognizance. Hence, the following:

ORDER

(i) The petition is allowed.

(ii) The entire proceedings against the accused/petitioners in C.C.No.1077/2024, pending on the file of the Additional Senior Civil Judge and JMFC, Bidar for violation of Section 19(c) (vii) of Fertilizer Control Order, 1985, punishable under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955 is hereby quashed.

(iii) The matter is remitted to the Trial Magistrate for fresh disposal from the stage of taking cognizance in accordance with law.

Sd/(V SRISHANANDA)

JUDGE

RSP

List No.: 1 Sl No.: 38 CT:PK