Suresh Singanal vs State at the Instance of

Type Court Judgment Court Karnataka Dharwad Decided Feb 06, 2024

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Citation: sooperkanoon.com/1831871
Court: Karnataka Dharwad High Court
Judge: N.S.Sanjay Gowda
Decided On: Feb 06, 2024
Case Number: WP/100422/2021

Parties & Advocates

Appellant / Petitioner

Suresh Singanal

Respondent

State at the Instance of

Excerpt

.....i.e. respondent no.2 k.r. devaraj on 21.01.2021 by registering fir no.0052/2021 before gangavati sub division rural police station, against the petitioners for the offences punishable u/s.3 and 7 of essential commodities act and u/s.420 and 201 of i.p.c., be quashed by this hon’ble court, in the interest of justice. b) issue an order or direction in the nature of mandamus in the interest of justice. these petitions, coming on for preliminary hearing in ‘b’ group, this day, the court made the following: -4-order1. these petitions are filed challenging the registration of criminal proceedings for the offences punishable under sections 3 and 7 of essential commodities act and under sections 420 and 201 of i.p.c.2. the allegation in the complaint is that the petitioners were transporting rice, which was meant for distribution under the public distribution system.3. the co-ordinate bench of this court, incriminal petition no.101739/2021 and connected matters, disposed of on 16.2.2022, has held that unless the goods in question were examined by the forensic science laboratory and certified to be an essential commodity meant for public distribution system, the proceedings would be unsustainable.4. in these cases, admittedly, there is nocertification by the forensic science laboratory that the rice that was seized was meant for public distribution. in that view of the matter, in the light of the above -5- judgment, these petitions are allowed and the proceedings stands quashed. sd/- judge vb ct:bck list no.: 1 sl no.: 131

Full Judgment

-1- IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2024 BEFORE THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA WRIT PETITION NO. 100412 OF 2021 (GM-RES) C/W WRIT PETITION NO. 100422 OF 2021 (GM-RES) IN W.P. NO. 100412 OF 2021: BETWEEN:
1. SURESH SINGANAL, AGE. 46 YEARS, R/O. GANGAVATI, KOPPAL, DIST. KOPPAL, KARNATAKA STATE-583227.
2. MASKI SIDDANNA S/O. MALLIKARJUN, AGE. 47 YEARS, R/O. GANGAVATI,
3. KALLAPPA AGE. 67 YEARS, Digitally signed by MANJANNA MANJANNA E E Date: 2024.02.08 +0530 … PETITIONERS (BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE) AND:
1. STATE OF KARNATAKA, BY GANGAVATI RURAL POLICE, DIST. KOPPAL-583227, R/BY S.P.P. HIGH COURT OF KARNATAKA, DHARWAD. -2-
2. NANDA PALLED, SHERISTEDAR, FOOD AND CIVIL SUPPLIES, TAHASILDAR OFFICE, GANGAVATI, DIST. KOPPAL-583227. … RESPONDENTS (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO IT IS HEREBY PRAYED THAT THE COMPLAINT FILED BY COMPLAINANT I.E., RESPONDENT NO.2 SMT. NANDA PALLED ON 21.01.2021 BY REGISTERING FIR NO.0021/2021 BEFORE GANGAVATI SUB DIVISION TOWN POLICE STATION, AGAINST THE PETITIONERS FOR THE OFFENSES PUNISHABLE U/S.3 AND 7 OF ESSENTIAL COMMODITIES ACT AND U./S.420 AND 201 OF I.P.C BY QUASHED BY THIS HON’BLE COURT, IN THE INTEREST OF JUSTICE. IN W.P. NO. 100422 OF 2021: BETWEEN:
1. SURESH SINGANAL, AGE. 46 YEARS, KOPPAL, DIST. KOPPAL.
2. MASKI SIDDANAN S/O. MALLIKARJUN, AGE. 47 YEARS, R/O. GANGAVATI,
3. KALLAPPA AGE. 67 YEARS, KOPPAL, DIST. KOPPAL … PETITIONERS (BY SMT. VIDYAVATHI M. KOTTURSHETTAR, ADVOCATE) -3- AND:
1. STATE OF KARNATAKA, BY GANGAVATI RURAL POLICE, DIST. KOPPAL-583227, R/BY STATE S.P.P. HIGH COURT OF KARNATAKA.
2. K.R. DEVARAJ
FOOD SHERISTEDAR, TALUK OFFICE, GANAGAVATI, DIST. KOPPAL-583227. … RESPONDENTS (BY SRI. P.N. HATTI, HCGP) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA, PRAYING TO IT IS HEREBY PRAYED THAT THE COMPLAINT FILED BY COMPLAINANT I.E. RESPONDENT NO.2 K.R. DEVARAJ ON 21.01.2021 BY REGISTERING FIR NO.0052/2021 BEFORE GANGAVATI SUB DIVISION RURAL POLICE STATION, AGAINST THE PETITIONERS FOR THE OFFENCES PUNISHABLE U/S.3 AND 7 OF ESSENTIAL COMMODITIES ACT AND U/S.420 AND 201 OF I.P.C., BE QUASHED BY THIS HON’BLE COURT, IN THE INTEREST OF JUSTICE. B) ISSUE AN ORDER OR DIRECTION IN THE NATURE OF MANDAMUS IN THE INTEREST OF JUSTICE. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN ‘B’ GROUP, THIS DAY, THE COURT MADE THE FOLLOWING: -4-

ORDER

1. These petitions are filed challenging the registration of criminal proceedings for the offences punishable under Sections 3 and 7 of Essential Commodities Act and under Sections 420 and 201 of I.P.C.

2. The allegation in the complaint is that the petitioners were transporting rice, which was meant for distribution under the Public Distribution System.

3. The Co-ordinate Bench of this Court, in

Criminal Petition No.101739/2021 and connected matters, disposed of on 16.2.2022, has held that unless the goods in question were examined by the Forensic Science Laboratory and certified to be an essential commodity meant for Public Distribution System, the proceedings would be unsustainable.

4. In these cases, admittedly, there is no

certification by the Forensic Science Laboratory that the rice that was seized was meant for Public Distribution. In that view of the matter, in the light of the above -5- judgment, these petitions are allowed and the proceedings stands quashed. Sd/- JUDGE VB CT:BCK List No.: 1 Sl No.: 131

Same Court & Year Karnataka Dharwad · 2024 Same Parties Suresh Singanal vs State at the Instance of Same Judge N.S.Sanjay Gowda