IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.8032/2015 BETWEEN:
1. Swamy S/o Kalegowda Aged about 32 years R/at Manchanahalli Village K.R. Nagara Taluq Mysore District Mysore – 570 028.
2. T.Venkatesh S/o Late Thimmaiah Aged about 48 years R/at Krishnanagara I Stage Behind Stadium, Pandavapura Town Mandya District – 570 028 Owner of Lorry No.KA 45-3807 Sri. Venkateshwara Transport 3. K.V.Vinay Kumar S/o K.Vijaykumar Aged about 34 years R/at No.4/249, Basaveshwara Block K.R.Nagara, Mysore District Mysore – 570 028.
(By Sri. H.C.Shivaramu, Adv.,) …Petitioners AND:
1. The State of Karnataka By Rural Police, Nanjangud Represented by State Public Prosecutor Dr.Ambedkar Veedhi Bangalore – 560 001.
2. T.C.Jagadish Major Food Inspector Taluk Office Nanjangud Nanjangud Tq Mysore District – 571 119.
... Respondents (By Sri. Sandesh S Chouta, SPP) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.574/2015, on the file of the Prl. Civil Judge and JMFC, Nanjangud.
This Criminal Petition Coming on for admission this day, the Court made the following:
ORDER Heard Sri H.C.Shivaramu, learned counsel appearing for petitioners and Sri Sandesh S.Chouta, learned SPP appearing for State. Perused the records.
2. By consent of learned advocates, it is taken up for final disposal.
3. Nanjangund Rural Police Station registered Crime No.352/2014 against the petitioners for the offences punishable under Sections 3, 6(A) and 7 of Essential Commodities Act, 1955 and under Sections 11 and 18 of the Karnataka Essential Commodities (Public Distribution System) Control Order, 1992, on the basis of complaint lodged by Food Inspector, Nanjangud Taluk, Nanjangud. After investigation, charge sheet came to be filed against the petitioners for offences punishable under Sections 3, 6(A) and 7 of Essential Commodities Act, 1955. Petitioners are seeking for quashing of said proceedings.
4. Petitioners are before this Court, inter-alia contending that a false case has been registered against them and the proceedings which came to be initiated by the District Magistrate / Deputy Commissioner has been dismissed on the ground of no offences is made out and as such, proceedings initiated against the petitioners has been dropped by order dated 19.7.2017. Hence, it is contended that continuation of criminal proceedings before the jurisdictional Court would not serve any purpose and as such they have prayed for quashing of said proceedings.
5. Per contra, learned SPP appearing for the State would support the initiation of the proceedings and its continuation and hence, he prays for rejection of the petition.
6. Having heard the learned advocates appearing for the parties and on perusal of records, it would disclose that on the basis of compliant lodged by Food Inspector, Nanjangud Taluk, Nanjangud on 21.11.2014, lorry bearing registration No.45/3807 of Sri.Veerabhadreshwara Transport came to be intercepted on 21.11.2014 at about 12’0’ clock and found that 350 bags of wheat was being transported and driver of the lorry failed to furnish relevant documents authorizing its transportation. Hence, vehicle as well as goods came to be seized. Simultaneously, proceedings came to be initiated against the petitioners by the District Magistrate, Mysore District, Mysore in Case No.EC/PR/16/2014-15. The District Magistrate has recorded a finding that petitioner No.2 is a Transport Contractor and had obtained the contract for supply and handling of commodities in respect of food grains under Public Distribution System and other schemes of the Government and accordingly, he had supplied the commodities to 4 whole sale points at Kollegala Taluk, in pursuance to tender notification dated 16.4.2012. As per the specific route map, goods was being transported on 21.11.2014 from godown of the Food Corporation of India, Nanjangud, for being delivered to Hannur K.F.C.S.C., Chamarajanagar, and on account of said vehicle carrying goods having encountered mechanical failure it was being repaired at Kadakola ,Nanjangud Taluk and as such had proceeded to T.Narasipura through Kadakola ring road and at that point of time, vehicle in question came to be seized inspite of Truck Chit No.12722 dated 21.11.2014 for transportation of said goods being possessed by the driver of said lorry. Hence, it came to be held by District Magistrate that goods that was being transported was under a valid transport chit. The jurisdictional District Magistrate after considering the relevant material produced by the petitioners and also cross verifying the same with the original records had found that entries relating to the said truck chit has been reflected in the original records and being satisfied with the transport permit or authorization, by its order dated 19.7.2017 has dropped the proceedings.
7. The present criminal proceedings as noticed herein above, has been initiated on the basis of same set of facts by virtue of complaint lodged by the Food Inspector alleging that transport of PDS goods in question was without valid transport permit or authorization and the allegations on which proceeding before the District Magistrate came to be adjudicated being one and the same and proceedings initiated by the District Magistrate came to be dropped by order dated 19.07.2017. Hence, this Court is of the considered view that continuation of present case against the petitioners before the jurisdictional Court for the same offences on the basis of same set of facts which has already been adjudicated by the District Magistrate would be an abuse of process of law.
8. In that view of the matter, this Court is of the considered view that petitioners are entitled to the relief sought for.
Hence, the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings pending in C.C.No.574/2015 on the file of Principal Civil Judge & JMFC, Nanjangud, Mysore, against the petitioners is hereby quashed.
(iii) Petitioners are acquitted of the offences punishable under Sections 3, 6(A), 7 of Essential Commodities Act, 1955.
` VMB SD/- JUDGE