IRANNA vs THE STATE OF KARNATAKA
- Court
- Karnataka High Court
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HC-KAR
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CRL.P No. 200464 of 2025
CNR: KAHC030025452025
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
ND
DATED THIS THE 2 DAY OF NOVEMBER, 2026
BEFORE
THE HON'BLE MR. JUSTICE S RACHAIAH
CRIMINAL PETITION NO. 200464 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. IRANNA,
S/O MALLIKARJUN BELURE
AGE: 50 YEARS,
OCC: SOCIAL SERVICE
Digitally
signed by
SUSHMA
LAKSHMI B
S
Location:
High Court
of Karnataka
R/O: SHIVAJI NAGAR,
KALABURAGI – 585 102.
…PETITIONER
(BY SRI. SYED MASTAN, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
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THROUGH RURAL POLICE STATION,
(SUB-URBAN PS) KALABURAGI
(REPRESENTED BY ADDL. HGCP
KALABRUAGI BENCH – 585 107.
…RESPONDENT
(BY SRI JAMADAR SHAHABUDDIN, HCGP)
----
THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD), U/S 528
OF BNSS (NEW) PRAYING TO ALLOW THE PETITION AND
QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER
IN CC NO. 18090/2022, VIDE CRIME NO. 130/2022 OF RURAL
POLICE STATION (SUB-URBAN P.S) KALABURAGI, PENDING ON
THE V ADDL. JMFC KALABURAGI, FOR THE OFFENCES U/SEC. 3
AND 7 OF E.C. ACT, IN THE INTEREST OF JUSTICE.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S RACHAIAH
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CRL.P No. 200464 of 2025
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ORAL ORDER
1. The petitioner is arraigned as accused No.3, is before this
Court seeking to quash the entire proceedings in Crime
No.130/2022 of respondent – police, now in C.C.
No.18090/2022 pending on the file of the V Additional
J.M.F.C., Kalaburagi, for the offences punishable under
Sections 3 and 7 of the Essential Commodities Act, 1955.
Brief facts of the case:
2. The Food Inspector lodged a complaint before the
respondent - police on 26.06.2022 at about 07:00 p.m.,
stating that he had received credible information
regarding transportation of rice bags which were
supposed to be distributed to the public under the Public
Distribution Scheme (for short “PDS”). Having received
the said information, he went to the spot and intercepted
the vehicle near Bandukwala Khata. On conducting a
search of the said vehicle, they found 80 bags of rice
weighing 50 kg. each. They confirmed that the said rice is
of PDS and arrested the driver and others who were part
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of the said vehicle. On interrogation, they disclosed the
name of the present petitioner and two others. Therefore,
a case came to be registered against all the accused. The
investigation is under progress. After conducting the
investigation, submitted the charge sheet.
3. Heard Sri Syed Mastan, learned counsel for the petitioner
and Sri Jamadar Shahabuddin, learned High Court
Government Pleader for the respondent – State.
4. The submission of the learned counsel for the petitioner is
that the petitioner is arraigned as one of the accused on
the basis of the voluntary statement made by the driver
of the said vehicle. However, he is in no way connected
with the case. Even on reading the averments of the
charge sheet, it does not disclose the overt act of the
present petitioner. Merely because the driver of the
vehicle disclosed the name of this petitioner, he cannot be
implicated falsely in the said case. The Investigating
Officer, even after filing the charge sheet, has failed to
connect the petitioner with the crime. Such being the
fact, if the petitioner is asked to face the trial, it would
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not give any result to the prosecution. Under such
circumstances, if the petitioner is asked to face the trial,
it is an abuse of the process of law. Therefore, the
petition may be allowed and the entire proceedings
against the petitioner may be quashed. Making such
submissions, the learned counsel for the petitioner prays
to allow the petition.
Per contra
5. learned High Court Government Pleader for
respondent - State vehemently submitted that all the
accused, in furtherance of a common intention to sell the
rice in the black market, which was supposed to be
distributed under the PDS, diverted the rice to the black
market in order to gain unlawfully. The complainant and
his team, after having received the credible information,
intercepted the vehicle and seized the rice, verified that it
was PDS rice, and thereafter, they registered a case and
conducted investigation and submitted the charge sheet.
The materials in the charge sheet would indicate that the
rice being transported by the driver of the vehicle
belonged to the Government. Such being the fact, if the
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petition is allowed, great injustice would be caused to the
State. Hence, the petition is required to be dismissed.
Making such submissions, the learned High Court
Government Pleader for the respondent - State prays to
dismiss the petition.
6. Having heard the learned counsel for the respective
parties and on perusal of the averments of the charge
sheet, it makes clear that initially, three persons were
arrested as accused and on their voluntary statement, the
names of three other accused have been implicated in the
charge sheet. Merely because the name of the petitioner
was disclosed by one of the accused, it is not appropriate
to connect him with the case unless the prosecution
shows a live link between the crime and the petitioner.
7. On going through the material available on record, the
prosecution has failed to prove the live link connecting
the petitioner with the crime. Hence, I am of the opinion
that the petition is liable to be allowed.
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CRL.P No. 200464 of 2025
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8. In the light of the observation made above, I proceed to
pass the following:
ORDER
allowed.
i) The Criminal Petition is
ii) The entire proceedings in Crime No.130/2022 of
respondent – police, now in C.C. No.18090/2022
pending on the file of the V Additional J.M.F.C.,
Kalaburagi, for the offences punishable under
Sections 3 and 7 of the Essential Commodities
Act, 1955, is hereby quashed.
iii) In view of the disposal of the appeal, pending
application does not survive for consideration
and the same is also disposed of.
Sd/-
(S RACHAIAH)
JUDGE
Bss
List No.: 19 Sl No.: 2