DODDARAJU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question crime in Crime No.161 of 2021 registered for offences punishable under Ss. 272 , 406 and 420 of the IPC and Ss. 7(1) and 16 of the Prevention of Food Adulteration Act, 1954 ('the Act' for short), pending before the Additional Civil Judge (Junior Division) and JMFC, Maddur.

(2.) Heard Sri Sunil S.Rao, learned counsel appearing for the petitioner, Smt. K.P.Yashodha, learned High Court Government Pleader appearing for respondent No.1 and Sri B. Ravindra Prasad, learned counsel appearing for respondent No.2.

(3.) Brief facts leading to the filing of the present petition, as borne out from the pleadings, are as follows:- The petitioner is accused No.6 and 2nd respondent/Mandya District Co-operative Milk Producers' Societies Union Limited (hereinafter referred to as 'the Union' for short) is the complainant. The 2nd respondent is a District Milk Federation, which operates under a larger body i.e., Karnataka Milk Federation. The 2nd respondent in the year 2020, invited tenders for transportation of milk from various Village Bulk Milk Coolers (Dairies) to the Central Main Dairy situated at Gejjalageri Village, Mandya District. In one such tender floated, the petitioner was declared to be a successful bidder for Sunkathonuru Village, Yeladahalli and Melukote villages therein, for transportation of milk from village bulk milk coolers to the central main dairy. The petitioner claims to have been operating and executing the contract without any blemish. Things standing thus, the 2nd respondent/the Union registers a complaint before the Police alleging that the said P.Raju, who was also a successful tenderer in one of the tenders was carrying on operations of transportation of milk from bulk milk coolers to the central main dairy by using non-designated vehicles and requested the Police to investigate into the matter. On the basis of the said complaint, a crime comes to be registered on 28/5/2021 in Crime No.161 of 2021. After registration of the crime, the police conduct a spot mahazar and inspected various vehicles including that of the petitioner. Before the investigation revealed that the vehicle used by P.Raju contained a hidden chamber and since the vehicle had a hidden chamber within it, it was urged that it was used for dilution of milk that was carried from village bulk milk coolers, while it was being transported to the central milk dairy. The mahazar did not divulge any vehicle belonging to the petitioner being found having a secret chamber or any incriminating activity. On 12/6/2021, on the ground that the Police had registered a crime in which the petitioner was arrayed as accused No.4, the contract of the petitioner was terminated on 12/6/2021 and the termination resulted in blacklisting of the petitioner. Challenging the termination of the contract and blacklisting, the petitioner approaches this Court in Writ Petition No.16942 of 2021. This Court stayed the order of cancellation of contract and blacklisting by its interim order dtd. 17/9/2021. Pursuant to the objections being filed in the said writ petition, this Court directed the Union as well as the Investigating Officer to verify whether there were any AB Tankers/secret hidden chambers in the milk vehicles of the petitioner as had been alleged. It appears that pursuant to the order passed in Writ Petition No.16942 of 2021, the investigation was conducted and a report was submitted to the effect that the vehicles of the petitioner did not have any secret chamber. Based upon the said investigation conducted by the CID, which held that there was no secret chamber in the vehicles owned by the petitioner, the petitioner files the subject criminal petition seeking quashment of crime in Crime No.161 of 2021, insofar as it concerns accused No.6 i.e., the petitioner.