KIRANKUMAR vs THE STATE
- Court
- Karnataka High Court
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HC-KAR
NC: 2026:KHC-K:11345
CRL.P No. 201136 of 2026
CNR: KAHC030090262026
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
TH
DATED THIS THE 14 DAY OF OCTOBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
CRIMINAL PETITION NO. 201136 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
KIRANKUMAR S/O PRAKASH,
AGE : 25 YEARS, OCC : PRIVATE WORK,
R/O: RAMPUR WADI, TQ : BASAVAKALYAN,
DIST : BIDAR – 585 331.
…PETITIONER
(BY KUM. VAISHNAVI MANGANE &
SRI AVINASH A. UPLAONKAR, ADVOCATES)
AND:
THE STATE,
THROUGH SUB-URBAN POLICE STATION,
KALABURAGI,
DIST : KALABURAGI,
NOW REP. BY ADDL. SPP,
HIGH COURT OF KARNATAKA,
KALABURAGI BENCH – 585 107.
…RESPONDENT
(BY SRI SIDDALING P. PATIL, ADDL. SPP)
THIS CRL.P. IS FILED UNDER SECTION 528 OF BNSS,
(UNDER SECTION 482 OF CR.P.C), PRAYING TO EXERCISE
INHERENT POWERS UNDER SECTION 528 OF BNSS 2023,
EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN
CC NO.9506/2022 (CRIME NO.243/2021 OF SUB-URBAN
POLICE STATION, DIST. KALABURAGI) FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 3 AND 7 OF ESSENTIAL
COMMODITIES ACT 1955, PENDING BEFORE THE V ADDL.
Digitally signed
by RENUKA
Location: HIGH
COURT OF
KARNATAKA
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CRL.P No. 201136 of 2026
CNR: KAHC030090262026
CIVIL JUDGE AND JMFC COURT, KALABURAGI, AGAINST THE
PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE TYAGARAJA N. INAVALLY
ORAL ORDER
Heard the learned counsel for the petitioner/
accused No.1 and the learned Addl. SPP for the
respondent/ State on the petition. Perused the relevant
materials on record.
2. This petition is filed by the petitioner/
accused No.1 under Section 528 of Bharatiya Nagarik
Suraksha Sanhita, 2023 (for short ‘ BNSS ’), praying for
an order to quash the proceedings of the case in
CC No.9506/2022 pending before the learned V Addl.
Civil Judge and JMFC, Kalaburagi (for short ‘the learned
Magistrate’) arising out of Crime No.243/2021 of the
respondent Police for the offences punishable under
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NC: 2026:KHC-K:11345
CRL.P No. 201136 of 2026
CNR: KAHC030090262026
Sections 3 and 7 of Essential Commodities Act, 1955
(for short ‘EC Act’).
3. The learned Addl. SPP has orally objected to
the petition submitting that there is prima facie case
against the petitioner. The investigation is already over
and the charge sheet is filed against the petitioner.
Therefore, the learned Addl. SPP has sought for
dismissal of the petition.
4. The case alleged against the petitioner is that
on 28.12.2021 at about 6.00 p.m., the complainant,
who is Food Inspector, received credible information
about the illegal transportation of rice meant for
distribution under the Public Distribution System near
Tavargera Cross in the Pick up vehicle bearing
No.KA-32/C-3524. Accordingly, the complainant along
with Police and panchas went to the spot and found
that a Pick up vehicle came from Kalaburagi-Humnabad
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CRL.P No. 201136 of 2026
CNR: KAHC030090262026
Ring Road and on inspection of the said vehicle, 65 bags
of rice belonging to public distribution system was
found in the said vehicle. Upon enquiry with the driver,
it was revealed that he was transporting the same as
told by his owner, the petitioner herein. The driver did
not produce any document regarding the transportation
of rice in the vehicle. Hence, on the complaint of the
complainant, the case was registered against the
petitioner and the driver of the vehicle. Hence, the
petitioner is alleged to have committed the aforesaid
offence.
5. The contention of the petitioner is that he is
no way concerned with the rice and the vehicle seized in
the case. Only on the statement of accused No.2, the
case was registered. No material is collected by the
respondent Police during the investigation to connect
the petitioner to the alleged offence and therefore, the
present case on hand is not maintainable and
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CRL.P No. 201136 of 2026
CNR: KAHC030090262026
continuation of proceedings of the case is abuse of
process of law. Therefore, the learned counsel for the
petitioner has submitted that the case should be
quashed against the petitioners.
6. As submitted by the learned counsel for the
petitioner, except the statement of the accused No.2,
there is absolutely no material forthcoming from the
respondent Police to show that he committed any act in
contravention of Section 3 of EC Act and thereby,
committed any offence punishable under Section 7 of
EC Act.
7. The petitioner is not authorized dealer and he
is not shown to have been engaged in purchase or
transportation of food grains, which were issued to an
authorized dealer for distribution under Public
Distribution System. No essential ingredients for the
offence punishable under EC Act are made out against
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CRL.P No. 201136 of 2026
CNR: KAHC030090262026
the petitioner, and no findings have been recorded by
the respondent against the petitioner in that regard.
Therefore, the charge sheet filed against the petitioner in
the concerned case is liable to be quashed.
8. Even during the investigation, no material
was collected by the Investigating Officer to connect the
petitioner to the alleged incident or to the offence
charged against him in the charge sheet. There is no
independent witness examined by the Investigating
Officer to show that the seized rice is in any way
connected to the petitioner. Furthermore, there is no
basis for the statement of accused No.2 that he
purchased rice belongs to the petitioner. It is pertinent
to note that the Investigating Officer has not made any
investigation to show that the petitioner is having any
godown and he collected rice illegally and stocked rice
which is for distribution in Public Distribution System.
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CRL.P No. 201136 of 2026
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9. It is a well-settled that no case can be made
out against the petitioner solely on the basis of the
statement of co-accused. As pointed out by the learned
counsel for the petitioner, the coordinate Bench of this
Court has allowed petitions in similar cases and
quashed the proceedings against the concerned accused
persons for offences punishable under Sections 3 and 7
of EC Act. The followings are the orders passed by the
co-ordinate bench of this Court in the similar cases:
1) The order dated 13.07.2023 in
Crl.P.No.200807/2023 (Md. Feroz S/o Jani
Miyan Vs. The State of Karnataka and Ors).
2) The order dated 30.08.2024 in
Crl.P.No.201018/2024 (Sudhakar S/o
Veershetty Vs. The State of Karnataka and
Ors).
3) The order dated 04.09.2024 in
Crl.P.No.200504/2024 (Abdul Nizam S/o
Abdul Jabbar Budhera Vs. The State of
Karnataka and Ors).
4) The order dated 19.09.2024 in
Crl.P.No.200109/2024 (Moinuddin S/o
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Mehboobsab Yenneguri Vs. The State of
Karnataka and Ors).
5) The order dated 13.01.2025 in
Crl.P.No.201182/2024 (Ramvani
Hardikkumar Girishbhai Vs. The State of
Karnataka and Ors).
6) The order dated 24.01.2025 in
Crl.P.No.201640/2024 (Twinkal Dipakbhai
Ramvani and Ors., Vs. The State of
Karnataka and Ors), and
7) The order dated 03.09.2025 in
Crl.P.No.200911/2025 (Raju @ Ayyappa
Narendra Rathod Vs. The State of
Karnataka and Ors).
10. In the above referred cases, the Coordinate
Bench of this Court has held that wherever the petitions
were filed by the accused persons against whom cases
were registered based on the complaint of co-accused,
without there being any material collected during the
investigation, such cases including those for offences
punishable under Sections 3 and 7 of the EC Act are
liable to be quashed.
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CRL.P No. 201136 of 2026
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11. On the facts of the present case, and in view
of the orders passed by the coordinate Bench of this
Court in the above-mentioned petitions, it is clear that
the respondent police have failed to make out any
ground to show that there are materials against the
petitioner for the alleged offence. Hence, the
continuation of the proceedings even though the charge
sheet is filed against the petitioner, would amount to
abuse of process of Court.
12. When there is no material collected by the
Investigating Officer against the petitioner, continuance
of the case for trial would be a futile exercise and it
would result in an abuse of process of Court. Therefore,
the petitioner has made out sufficient grounds to quash
the proceedings against him as sought for in the
petition, and accordingly, the petition deserves to be
allowed.
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NC: 2026:KHC-K:11345
CRL.P No. 201136 of 2026
CNR: KAHC030090262026
13. In the result, I proceed to pass the following:
ORDER
i. The Criminal Petition is hereby allowed.
ii. Consequently, the proceedings in the case in
C.C.No.9506/2022 of the learned V Additional
Civil Judge and JMFC, Kalaburagi arising out
of Crime No.243/2021 of the respondent
Police for the offences punishable under
Sections 3 and 7 of Essential Commodities
Act, so far as the petitioner/ accused No.1 is
concerned, is hereby quashed.
Sd/-
(TYAGARAJA N. INAVALLY)
JUDGE
SBS/RSP
List No.: 1 Sl No.: 37