PROCESS FOR THE OFFENCES PUNISHABLE UNDER CLAUSE 19 OF FERTILIZER (CONTROL) ORDER, 1985 READ WITH SECTION 3 & 7 OF THE ESSENTIAL COMMODITIES ACT, BY THE CIVIL JUDGE & JMFC COURT, MUDALAGI, IN C.C.NO.836/2018, DATED 05.09.2018, AGAINST THE PETITIONER HEREIN, VIDE ANNEXURE-A AND CONSEQUENTLY TO QUASH THE COMPLAINT, VIDE ANNEXURE-B, AGAINST THE PETITIONER HEREIN, ETC.,. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT PASSED THE FOLLOWING: ORDER The learned High Court Government Pleader takes notice for the respondent. Heard the learned counsel appearing for the parties. The matter is admitted and taken up for final disposal with the consent of the learned counsel for the parties.
2. This is a petition filed under section
482 of Cr.P.C., seeking to quash the order dated 5.9.2018, passed by the Prl. Civil Judge and JMFC, Mudalagi, in C.C.No.836/2018, for the offence punishable under clause 19 of Fertilizer (Control) Order, 1985 and Section 3 and 7 of Essential Commodities Act.
3. The brief facts of the case are that, the respondent/complainant filed a private complaint before the JMFC Court, Mudalagi, against accused Nos.1 and 2 for the offence punishable under clause 19 of Fertilizer (Control) Order, 1985 and Section 3 and 7 of Essential Commodities Act. The petitioner herein is arraigned as accused No.2 in the complaint. It is stated that the petitioner is described as accused No.2 as M/s.Shri Balaji Fertilizers, Bus-stand Road, Yadwad. On the basis of the said complaint, the jurisdictional Magistrate has taken cognizance of the alleged offence and has issued process to the accused persons.
4. The petitioner who is arraigned as accused No.2 in the complaint has stated that under the provisions of Fertilizer (Control) Order, the compliance officer has to be prosecuted for violation of the clauses of the said order and that the petitioner is neither compliance officer of the company nor the company is arraigned as accused in the complaint and that he being a retail dealer of the fertilizers, cannot be prosecuted for the violation of the clauses of the Fertilizer Control Order and therefore the initiation of the criminal proceedings against him are liable to be quashed.
5. Heard the learned counsel for the petitioner and the learned High Court Government Pleader.