w w w . L a w y e r S e r v i c e s . i n



Shrusthi Agro & Cold Storage, Kanbargi Industrial Area, Auto Nagar, Belagavi Represented by Its Partners v/s State of Karnataka & Another


Company & Directors' Information:- K. N. C. AGRO LIMITED [Active] CIN = U01500WB2005PLC102657

Company & Directors' Information:- R J COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049659

Company & Directors' Information:- F AND K AGRO PRIVATE LIMITED [Active] CIN = U01111PN1980PTC014563

Company & Directors' Information:- E R AUTO PRIVATE LIMITED [Active] CIN = U34300HR2002PTC035002

Company & Directors' Information:- R T AGRO PRIVATE LIMITED [Active] CIN = U15400MH1988PTC122934

Company & Directors' Information:- N M AGRO PRIVATE LIMITED [Active] CIN = U15209DL2000PTC103461

Company & Directors' Information:- K F AGRO PRIVATE LIMITED [Active] CIN = U01132PB1998PTC021937

Company & Directors' Information:- T K M AGRO LIMITED [Active] CIN = U01119TZ2000PLC009159

Company & Directors' Information:- S. D. COLD STORAGE PRIVATE LIMITED [Active] CIN = U15132UP1995PTC018791

Company & Directors' Information:- K Y AUTO PRIVATE LIMITED [Active] CIN = U50300JK2013PTC003849

Company & Directors' Information:- J. S. B. AUTO PRIVATE LIMITED [Active] CIN = U50300DL2010PTC198144

Company & Directors' Information:- T & R AUTO PRIVATE LIMITED [Active] CIN = U50200TG2012PTC082553

Company & Directors' Information:- D G COLD STORAGE PRIVATE LIMITED [Active] CIN = U45209WB2001PTC092809

Company & Directors' Information:- M S AGRO PRIVATE LIMITED [Active] CIN = U01403WB2011PTC163653

Company & Directors' Information:- N P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15549WB1997PTC085229

Company & Directors' Information:- S K K AGRO PRIVATE LIMITED [Active] CIN = U01110DL2007PTC163157

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC041010

Company & Directors' Information:- G C G COLD STORAGE PRIVATE LIMITED [Active] CIN = U01400MH2012PTC235712

Company & Directors' Information:- P N AGRO PVT LTD [Active] CIN = U01401WB1992PTC056261

Company & Directors' Information:- D R D B AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL1988PTC032028

Company & Directors' Information:- L P COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1997PTC021864

Company & Directors' Information:- B R V AGRO PRIVATE LIMITED [Strike Off] CIN = U15139UP2007PTC034299

Company & Directors' Information:- A-1 AUTO PVT. LTD [Active] CIN = U51502MH2006PTC165934

Company & Directors' Information:- P D COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2010PTC039698

Company & Directors' Information:- A A AND A AGRO LIMITED [Converted to LLP] CIN = U01111DL1986PLC025101

Company & Directors' Information:- AUTO INDIA PRIVATE LIMITED [Active] CIN = U65991TN1984PTC010923

Company & Directors' Information:- N R S COLD STORAGE PVT LTD [Active] CIN = U63022WB1978PTC031524

Company & Directors' Information:- S M COLD STORAGE PVT LTD [Active] CIN = U63022WB1986PTC040843

Company & Directors' Information:- A TO Z COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2010PTC040956

Company & Directors' Information:- B. P AGRO INDIA PRIVATE LIMITED [Active] CIN = U15132DL2019PTC357421

Company & Directors' Information:- A-1 COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900TG2015PTC100777

Company & Directors' Information:- M Y AGRO PRIVATE LIMITED [Active] CIN = U51221DL2011PTC215043

Company & Directors' Information:- H R D AGRO PRIVATE LIMITED [Active] CIN = U15490PB2006PTC030412

Company & Directors' Information:- C F L AGRO PRIVATE LIMITED [Strike Off] CIN = U01409KA2001PTC028797

Company & Directors' Information:- K V AUTO LTD [Strike Off] CIN = U28932PB1994PLC014522

Company & Directors' Information:- D N COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1989PTC010708

Company & Directors' Information:- P S COLD STORAGE PRIVATE LIMITED [Active] CIN = U15139UP2001PTC026373

Company & Directors' Information:- L K AGRO PRIVATE LIMITED [Active] CIN = U15140MH1998PTC115185

Company & Directors' Information:- N L COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022ML2001PTC006536

Company & Directors' Information:- K H I COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022DL1999PTC100373

Company & Directors' Information:- K J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1996PTC018274

Company & Directors' Information:- V K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022RJ1998PTC014964

Company & Directors' Information:- K G N AUTO PRIVATE LIMITED [Active] CIN = U74900PN2015PTC157675

Company & Directors' Information:- R M COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024532

Company & Directors' Information:- S L P COLD STORAGE PRIVATE LIMITED [Converted to LLP] CIN = U00063KA1997PTC022544

Company & Directors' Information:- M D COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP2001PTC025987

Company & Directors' Information:- S N COLD STORAGE PVT LTD [Active] CIN = U15132WB1977PTC031040

Company & Directors' Information:- A K COLD STORAGE PRIVATE LIMITED [Active] CIN = U15133UP1999PTC024374

Company & Directors' Information:- J. S. AUTO PRIVATE LIMITED [Active] CIN = U34102UP1986PTC008173

Company & Directors' Information:- G. T. COLD STORAGE PRIVATE LIMITED [Active] CIN = U70101UP1999PTC024239

Company & Directors' Information:- H D AGRO PRIVATE LIMITED [Strike Off] CIN = U01111MH1996PTC097451

Company & Directors' Information:- P C L AGRO PRIVATE LIMITED [Active] CIN = U74899DL1992PTC049537

Company & Directors' Information:- A S AGRO PRIVATE LIMITED [Active] CIN = U74899DL1989PTC040467

Company & Directors' Information:- S N N AGRO PRIVATE LIMITED [Active] CIN = U01114JH2016PTC008919

Company & Directors' Information:- R R S AGRO PRIVATE LIMITED [Strike Off] CIN = U15139DL2010PTC209756

Company & Directors' Information:- AGRO PRIVATE LIMITED [Strike Off] CIN = U51101KA1962PTC001475

Company & Directors' Information:- G D COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1997PTC084601

Company & Directors' Information:- J S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020250

Company & Directors' Information:- B C COLD STORAGE PRIVATE LIMITED [Active] CIN = U45302PB1997PTC019355

Company & Directors' Information:- D. J. AGRO PRIVATE LIMITED [Strike Off] CIN = U01112DL1994PTC057414

Company & Directors' Information:- G A AGRO PRIVATE LIMITED [Active] CIN = U01229KL2002PTC015736

Company & Directors' Information:- G S P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74899DL1995PTC069618

Company & Directors' Information:- M K B AGRO PRIVATE LIMITED [Active] CIN = U01100MH1996PTC101802

Company & Directors' Information:- R R COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022TZ1995PTC006478

Company & Directors' Information:- T D K AGRO PRIVATE LIMITED [Active] CIN = U29190BR1991PTC004486

Company & Directors' Information:- S G AGRO PRIVATE LIMITED [Active] CIN = U01122KA1995PTC017091

Company & Directors' Information:- P S AUTO PRIVATE LIMITED [Active] CIN = U34300MH1999PTC120052

Company & Directors' Information:- AGRO INDIA PRIVATE LIMITED [Active] CIN = U01407AR2013PTC008381

Company & Directors' Information:- U & V AGRO PRIVATE LIMITED [Active] CIN = U01403TZ2015PTC021823

Company & Directors' Information:- B A B AGRO LTD [Strike Off] CIN = U24231MH1993PLC073114

Company & Directors' Information:- P M C AUTO LIMITED [Strike Off] CIN = U34300DL1995PLC071849

Company & Directors' Information:- B C C AUTO PVT LTD [Active] CIN = U74899DL1992PTC051439

Company & Directors' Information:- H H AUTO PRIVATE LIMITED [Amalgamated] CIN = U34100DL2009PTC192880

Company & Directors' Information:- B A B AGRO LTD [Active] CIN = U24233WB1987PLC043179

Company & Directors' Information:- H J COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022WB1999PTC089452

Company & Directors' Information:- M M AUTO PRIVATE LIMITED [Strike Off] CIN = U50300UP1988PTC009527

Company & Directors' Information:- B K COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB1997PTC020070

Company & Directors' Information:- J T S COLD STORAGE PRIVATE LIMITED [Active] CIN = U74900UP2011PTC044733

Company & Directors' Information:- B C M AGRO PRIVATE LIMITED [Active] CIN = U01119WB1999PTC090308

Company & Directors' Information:- K. K. AGRO PVT. LTD. [Strike Off] CIN = U51420WB1987PTC042090

Company & Directors' Information:- H & W AGRO PRIVATE LIMITED [Strike Off] CIN = U01400MH2012PTC238144

Company & Directors' Information:- COLD STORAGE CORPORATION OF INDIA LIMITED [Active] CIN = U25193UP1946PLC001472

Company & Directors' Information:- K D AGRO PRIVATE LIMITED [Converted to LLP] CIN = U15312DL2005PTC131996

Company & Directors' Information:- G B AUTO PRIVATE LIMITED [Strike Off] CIN = U50400MH1998PTC114977

Company & Directors' Information:- M K R S S COLD STORAGE PRIVATE LIMITED [Active] CIN = U63090WB2020PTC241530

Company & Directors' Information:- H R AGRO PRIVATE LIMITED [Active] CIN = U01119PB1995PTC016403

Company & Directors' Information:- C K N AGRO PRIVATE LIMITED [Active] CIN = U01300KL2020PTC064742

Company & Directors' Information:- A Q AGRO PVT LTD [Under Process of Striking Off] CIN = U51209WB2006PTC109930

Company & Directors' Information:- S E AGRO PRIVATE LIMITED [Active] CIN = U52500AP2016PTC103446

Company & Directors' Information:- S U B AGRO PRIVATE LIMITED [Active] CIN = U24129PN2000PTC015404

Company & Directors' Information:- R G P COLD STORAGE PRIVATE LIMITED [Active] CIN = U74999KA2006PTC039844

Company & Directors' Information:- M C AUTO PVT LTD [Under Process of Striking Off] CIN = U34300DL1977PTC008716

Company & Directors' Information:- E N B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U34300PB1988PTC008040

Company & Directors' Information:- J P G A COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022PB2005PTC028831

Company & Directors' Information:- A S G AGRO LIMITED [Strike Off] CIN = U01119HR2004PLC035459

Company & Directors' Information:- T & T AGRO PRIVATE LIMITED [Active] CIN = U01132WB1999PTC090368

Company & Directors' Information:- R B COLD STORAGE PRIVATE LIMITED [Active] CIN = U63022BR1979PTC001418

Company & Directors' Information:- P. R. S. AUTO AND AGRO PRIVATE LIMITED [Under Process of Striking Off] CIN = U29214UP1990PTC011625

Company & Directors' Information:- N J COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2010PTC207001

Company & Directors' Information:- C L AGRO PRIVATE LIMITED [Strike Off] CIN = U74120UP2012PTC051898

Company & Directors' Information:- G M COLD STORAGE PVT LTD [Strike Off] CIN = U63022OR1985PTC001574

Company & Directors' Information:- P M S AGRO PVT LTD [Strike Off] CIN = U29211PB1994PTC014448

Company & Directors' Information:- K D R AUTO PRIVATE LIMITED [Active] CIN = U34300DL2005PTC132732

Company & Directors' Information:- S V S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U74999AP1999PTC033134

Company & Directors' Information:- B R K AGRO PRIVATE LTD [Strike Off] CIN = U29211PB1994PTC014302

Company & Directors' Information:- R V COLD STORAGE PVT LTD [Strike Off] CIN = U15133UP1988PTC010122

Company & Directors' Information:- R E I AGRO LTD. [Active] CIN = U01111WB1994PLC065082

Company & Directors' Information:- P & S AGRO INDIA LIMITED [Strike Off] CIN = U01403MH2011PLC214782

Company & Directors' Information:- D N D AGRO (INDIA) LIMITED [Active] CIN = U01403PN2011PLC139235

Company & Directors' Information:- K S R AUTO PRIVATE LIMITED [Active] CIN = U34300PN2011PTC140367

Company & Directors' Information:- L C A AGRO PRIVATE LIMITED [Strike Off] CIN = U01112UP2005PTC029657

Company & Directors' Information:- V L S COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63010TG2011PTC072072

Company & Directors' Information:- V M G AGRO INDIA LIMITED [Active] CIN = U01100MP2011PLC026434

Company & Directors' Information:- J P AUTO PVT LTD [Strike Off] CIN = U50402WB1991PTC052147

Company & Directors' Information:- G D AGRO PRIVATE LIMITED [Strike Off] CIN = U24122UP1993PTC015164

Company & Directors' Information:- P B AGRO PRIVATE LIMITED [Amalgamated] CIN = U26960MH1990PTC057137

Company & Directors' Information:- E G AUTO PRIVATE LIMITED [Converted to LLP] CIN = U74899DL1987PTC027016

Company & Directors' Information:- R AND H AUTO INDIA PVT LTD [Active] CIN = U74899DL1982PTC013349

Company & Directors' Information:- R A P AGRO INDIA PVT LTD [Strike Off] CIN = U14200WB2006PTC107514

Company & Directors' Information:- M Y COLD STORAGE PRIVATE LIMITED [Active] CIN = U15122UP2012PTC053516

Company & Directors' Information:- D D AUTO PRIVATE LIMITED [Active] CIN = U74899DL1985PTC022306

Company & Directors' Information:- G T AGRO INDIA PRIVATE LIMITED [Strike Off] CIN = U74899DL2005PTC142577

Company & Directors' Information:- F AND K AGRO PVT LTD [Strike Off] CIN = U29248PN1980PTC022759

Company & Directors' Information:- C R AUTO PRIVATE LIMITED [Strike Off] CIN = U34300PB1997PTC020137

Company & Directors' Information:- KARNATAKA INDUSTRIAL PRIVATE LIMITED [Strike Off] CIN = U29222KA1974PTC002711

Company & Directors' Information:- E M AGRO (INDIA) PRIVATE LIMITED [Strike Off] CIN = U02001UP1997PTC022261

Company & Directors' Information:- J S AGRO PRIVATE LIMITED [Strike Off] CIN = U01300PB1993PTC013943

Company & Directors' Information:- B S K AUTO PRIVATE LIMITED [Strike Off] CIN = U29246PB1997PTC020704

Company & Directors' Information:- A N AGRO PRIVATE LIMITED [Strike Off] CIN = U01119DL1996PTC081855

Company & Directors' Information:- V R L AGRO PRIVATE LIMITED [Strike Off] CIN = U85110KA1999PTC024717

Company & Directors' Information:- P. S. R. AGRO PRIVATE LIMITED [Active] CIN = U24248UP1974PTC004017

Company & Directors' Information:- O N AGRO PRIVATE LIMITED [Active] CIN = U74899DL1988PTC031986

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Active] CIN = U29199TZ1996PTC007431

Company & Directors' Information:- J K M AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2005PTC143914

Company & Directors' Information:- K AND K AUTO PRIVATE LIMITED [Not available for efiling] CIN = U34300DL1988PTC032426

Company & Directors' Information:- K R S AGRO PRIVATE LIMITED [Strike Off] CIN = U01400PN2011PTC141711

Company & Directors' Information:- K T COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63022NL2001PTC006616

Company & Directors' Information:- H B AUTO (INDIA) PRIVATE LIMITED [Active] CIN = U50401OR1988PTC002075

Company & Directors' Information:- J K AGRO PRIVATE LIMITED [Strike Off] CIN = U74900PY2011PTC002548

Company & Directors' Information:- W B S AGRO PRIVATE LIMITED [Active] CIN = U01122PB2003PTC025879

Company & Directors' Information:- G T M AGRO PRIVATE LIMITED [Strike Off] CIN = U01100MH2005PTC150816

Company & Directors' Information:- S B G AUTO PRIVATE LIMITED [Strike Off] CIN = U50101MH2006PTC158566

Company & Directors' Information:- M M COLD STORAGE PRIVATE LIMITED [Strike Off] CIN = U63090TG2013PTC090068

Company & Directors' Information:- Y K AGRO PRIVATE LIMITED [Converted to LLP and Dissolved] CIN = U74999DL2013PTC250398

Company & Directors' Information:- N P M AGRO PRIVATE LIMITED [Strike Off] CIN = U15494DL2011PTC214942

Company & Directors' Information:- O P AUTO PRIVATE LIMITED [Active] CIN = U51103DL2008PTC181391

Company & Directors' Information:- B L B AGRO PRIVATE LIMITED [Strike Off] CIN = U51200DL2012PTC244511

Company & Directors' Information:- D A AGRO PRIVATE LIMITED [Active] CIN = U74900DL2015PTC288168

Company & Directors' Information:- D K S AUTO PVT LTD [Strike Off] CIN = U34300DL2001PTC111465

Company & Directors' Information:- C L K AUTO PRIVATE LIMITED [Strike Off] CIN = U34300DL2003PTC118551

Company & Directors' Information:- G. K. AGRO COLD STORAGE PRIVATE LIMITED [Active] CIN = U63020DL2011PTC212620

Company & Directors' Information:- D. B. AGRO PRIVATE LIMITED [Active] CIN = U01100MP2010PTC025035

Company & Directors' Information:- H. R. COLD STORAGE PRIVATE LIMITED [Active] CIN = U63030GJ2016PTC092718

Company & Directors' Information:- K B H AUTO PRIVATE LIMITED [Strike Off] CIN = U74899DL2000PTC107258

Company & Directors' Information:- A K STORAGE PRIVATE LIMITED [Strike Off] CIN = U99999MH1978PTC020884

Company & Directors' Information:- KARNATAKA INDUSTRIAL COMPANY LIMITED [Strike Off] CIN = U33130KA1916PLC000063

Company & Directors' Information:- COLD STORAGE (INDIA) LTD. [Dissolved] CIN = U99999MH1922PTC000998

Company & Directors' Information:- AUTO INDIA LIMITED [Not available for efiling] CIN = U99999MH1948PLC006176

Company & Directors' Information:- INDIA COLD STORAGE CO. LTD. [Not available for efiling] CIN = U99999MH1948PLC006673

Company & Directors' Information:- R K AUTO INDIA PVT LTD [Strike Off] CIN = U99999DL2000PTC901836

    Criminal Petition No. 100702 of 2018

    Decided On, 25 January 2019

    At, High Court of Karnataka Circuit Bench At Dharwad

    By, THE HONOURABLE MR. JUSTICE H.P. SANDESH

    For the Petitioner: Santosh Pujari, Advocate. For the Respondents: Praveen K. Uppar, High Court Government Pleader, G.S. Mot, Advocate.



Judgment Text

1. Heard the petitioners' Counsel and the learned HCGP appearing for respondent 1 and the learned Counsel for respondent 2.

2. This petition is filed under section 482 of Criminal Procedure Code, 1973 seeking relief to quash the proceedings initiated against these petitioners for the offences punishable under Section 420 read with Section 429 of Indian Penal Code, 1860 Section 11 read with Sections 9,8 and 4 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 and Section II(I)(d) of Prevention of Cruelty to Animals Act, 1960 on the file of the II Judicial Magistrate I Class Court, Belagavi. The grievance of the petitioners is that they are the partners of M/s. Shrusthi Agro and Cold Storage situated at Plot No. SPL, Q-l, KSIDC, Kanabargi Industrial Area, Auto Nagar, Belagavi and they are engaged in the cold storage business i.e. trimming and packing of meat/beef, seasonal fruits etc. The further contention of the petitioners is that they are only procuring meat from the local traders and are processing and storing the meat in cold storage units, cold storage rooms/freezers as per the requirement of the traders/customers/parties etc. The petitioners further contended that they are carrying out their business through lawful means and are specifically abiding by the rules and regulations prescribed by the concerned department and Government circulars. The copies of the land records, firm registration permissions through the concerned department, etc. are also produced to evidence the fact that they are running the business in accordance with law.

3. The petitioners are involved in local/inter-State purchase, storage and sale of buffalo meat and they does not purchase the meat directly from the slaughter house, but the owners/traders involved in the meat business directly approach the petitioners for sale, trimming and cold storage of the meat which they have procured/purchased from the slaughter houses. The petitioners involved in trimming, storing and freezing the meat procured from the customers who are residing at different places and different States, particularly from Goa. The petitioners are not involved in slaughting of animals and to evidence the fact that they have purchased the same, have produced the invoices and delivery invoices of meat purchased and meat sale. The petitioners also verify the antecedents of their customers/sellers before the meat is purchased and also enquire whereabouts the meat is purchased and whether they have purchased meat from authorised slaughter houses and also whether certificates are issued in respect of the animals slaughtered as per the provisions of the law. The copies of certificate issued under Form II under sub-rule (2) of Rule 6 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Rules, 1967 are annexed to the petition as Annexure-Cl.

4. When the petitioners were peacefully carrying on their trade/business, the complainant-Smt. Joshine Antony, stating herself to be a member of Animal Welfare Board of India filed a complaint dated 26-2-2018 before the Mai Maruti Police Station, Belagavi making the allegations against these petitioners that they have committed offence under Section 420 read with Section 429 of IPC, Section 11 read with Sections 9, 8 and 4 of Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 and Section II(l)(d) of Prevention of Cruelty to Animals Act, 1960. The allegation made in the complaint is that the petitioners are involved in illegal procurement of beef from unauthorised/illegal slaughter house and the same is contaminated and the petitioners' factory is functioning without any licence from Food Safety and Standards Authority of India and licence from other Departments and illegal Bangladeshi workers are employed in the petitioners' factory and hence the beef should be seized from the petitioners' factory and in furtherance of the said complaint, respondent 1 has registered Crime No. 45/2018 against the petitioners and other factories for the offences referred above. Respondent 1 after seizing the cold storage unit of the petitioners, alleges that they have also taken samples from the factories of the petitioners and the same were sent to forensic laboratory and respondent 1 has also moved an application before the II Judicial Magistrate First Class Court, Belagavi for destruction of the seized properties on the pretext that the same is prohibited under the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 and there is a possibility of decomposition/decay of the seized beef stored in the cold storages. The petitioners' factory has been inspected by the Safety Officers and given the report that the factory is safe and has no imminent danger.

5. Respondent 1 without complying with the mandatory provisions in respect of search and seizure as envisaged in the Criminal Procedure Code, has blatantly violated the rules and regulations related to investigation of the offences which the petitioners are charged with and have also failed to produce panchanama to the Magistrate at the time of submitting the property profile. The petitioners contended in the petition that they are involved in print and pack business in the name of M/s. Genesis Print and Pack, Belagavi and they have supplied empty cartoons to the customers who were dealing in the export and local business and petitioners have utilised unsold/rejected/undelivered cartoons for the purpose of packing the trimmed meat/beef for the sale in the local market and for delivery to the local and inter-State traders and they have suffered huge loss due to the effect of slow down and demonetization and the banks have served notices to the petitioners for recovery of the due loan amount.

6. The petitioners' Firm M/s. Shrusthi Agro and Cold Storage has availed loan from Bank of Baroda and due to sealing of the cold storage unit the petitioners are unable to generate revenue for monthly payment of EMI and thus Bank of Baroda gas issued notice fir recovery of due under the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the petitioners are forced to pay monthly electricity bill even though the factory is closed and as the meat in the cold storage is seized and continuous electric supply is necessary for maintaining the temperature of the freezer and hence the petitioners are incurring monthly expenses of Rs. 8 lakhs to Rs. 10 lakhs.

7. The main grounds urged in the petition is that the very complaint and FIR dated 26-2-2018 in Crime No. 45/2018 is not sustainable in law and the same is without the sanction of law and is liable to quashed since the mandatory provisions of search and seizure are not complied. The Investigating Officer blindly and without applying his mind has registered the case against the petitioners under the undue duress of the complainant and has virtually incorporated all the sections that has been dictated by the complainant and these petitioners are not involved in any export of the beef and are neither procuring beef from illegal slaughter houses as alleged in the complaint, but the petitioners are only purchasing, storing and processing beef/meat from their regular customers who in turn purchase the meat/beef from slaughter houses authorised by the Government.

8. The petitioners have obtained permission from the Pollution Control Board for processing of the meat/beef and cold storage of the same as evidenced in Annexure-B and the whole case of the prosecution is politically motivated to gain advantage in the upcoming assembly election. Respondent 1 has not followed mandatory provisions in respect of search and seizure as envisaged in the Criminal Procedure Code and the whole case has been registered as per the whims and fancies of respondent 1 and these petitioners are made scape goat for the political agenda and further contended that no seizure panchanama has been drawn. Further it is contended that there is absolutely no iota of evidence to show that the samples are sent to forensic lab and no signatures of the petitioners are obtained to certify that the respondent 1 has taken samples. The other contention of the petitioners is that not a single live/dead animal was found at the premises of the petitioners and the premises of the petitioners were closed and only the cold storage was functioning and the respondent 1 has illegally and arbitrarily entered into the premises of the petitioners along with the group of individuals and without assigning any cogent reasons have sealed the cold storage unit and this Court has to invoke section 482 of Cr. P.C., 1973 to quash the proceedings initiated against these petitioners.

9. The Counsel appearing for the petitioners in his argument contended that the very initiation of the proceedings against these petitioners is bad in law and that the registration of the case and the seizure of the meat from the cold storage of the petitioners is contrary to the procedure contemplated under law and the entire proceedings initiated against the petitioners are bad in law. Further contended that neither the provisions of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964, nor the provisions of Indian Penal Code are attracted against these petitioners and further the persons who have collected the samples are not the Competent Officer under the provisions of the Food Safety and Standards Act, 2006. In support of his contention, he has relied upon a judgment of Hon'ble High Court of Karnataka, Kalaburagi Bench in Cri. Pet. No. 201319/2018 contending that similar set of facts have been considered by the Court and quashed the very initiation of proceedings against the petitioners in the said petition for the same provisions of law.

10. The Counsel also relied upon a judgment passed by this Court in W.P. No. 102964/2018 connected with W.P. No. 102965/2018 and contended that this Court also held that very invoking of the penal provisions against these petitioners does not constitute any offences taking into note of the complaint averments and also the other allegations. The Counsel has also relied upon a judgment of the Hon'ble Apex Court passed in Cri. A. Nos. 1591-1592/2018 challenging the judgment delivered by this Court in the case of M/s. Barafwala Cold Storage and Agro Processor, who is the petitioner in the above connected writ petitions and brought to my notice para 7 of the judgment, wherein it is observed that the Investigating Officer and Magistrate concerned would proceed in the matter strictly in accordance with law on the basis of the evidence and would not be influenced, in any manner, by the observations made by the High Court in the impugned order. The petitioners' Counsel also relied upon another judgment of the Hon'ble Apex Court in the case of Kalpana Mehta and Others v. Union of India and Others AIR 2018 SC 2493, 2018 SCC Online SC 512.

11. Per contra, the learned HCGP in his argument vehemently contended that the material collected by the investigating agency indicates that the petitioners were involved in maiming the flush of she-buffalos and cutting into pieces making small packets for the purpose of selling in the market, thereby segregating meat or its bone. As such ingredients of Section 429 of IPC is attracted and further contended that the FIR in question was registered not only for the offences under the Indian Penal Code but also for the other offences under the said enactment and hence there is no illegality in the registration of the FIR against the petitioners.

12. The learned HCGP in support of his contention, has relied upon a judgment of the Hon'ble Apex Court in the case of Dineshbhai Chandubhai Patel v. State of Gujarat and Others AIR 2018 SC 314 : 2018(186) AIC 194 (SC): 2018 Cri. L.J. 3608 (SC) (2018)3 SCC 104 and contends that in order to exercise powers under section 482 of Cr. P.C., 1973 and to examine as to whether factual contents of FIR disclose any prima facie cognizable offences or not, High Court cannot act like an investigating agency and nor can exercise powers like an Appellate Court. The question is required to be examined, keeping in view, contents of FIR and prima facie material, if any, requiring no proof and at such stage, High Court cannot appreciate evidence nor can it draw its own inferences from contents of FIR and material relied on. It is more so, when the material relied on is disputed, in such a situation, it becomes the job of Investigating Authority at such stage, to probe and then of the Court to examine questions once the charge-sheet is filed along with such material as to how far and to what extent reliance can be placed on such material. Once the Court finds that FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow investigating machinery to step into initiate the probe to unearth crime in accordance with the procedure prescribed in Cr. P.C. It is further held that condition precedent to commencement of investigation under section 157 of Cr. P.C., 1973 is that FIR must disclose, prima facie, that a cognizable offence was committed. Further observed that it is wrong to suppose that police has unfettered discretion to commence investigation under section 157 of Cr. P.C., 1973 Their right of investigation is conditioned by existence of reason to suspect commission of a cognizable offence and they cannot, reasonably, have reason so to suspect, unless the FIR, prima facie, discloses commission of such offence. If that condition is satisfied, investigation must go on, Court then has no power to stop investigation, for to do so would be to trench upon lawful power of police to investigate into cognizable offences. Whether an offence was disclosed or not, must necessarily depend on facts and circumstances of each particular case. If on a consideration of relevant materials, Court is satisfied that an offence is disclosed, Court will normally not interfere with investigation into the offence and will generally allow investigation into the offence to be completed for collecting materials for proving the offence.

13. After having heard the arguments of the petitioners' Counsel and the respondents' Counsel, this Court has to examine whether this Court can exercise powers under section 482 of Cr. P.C., 1973 to quash the proceedings as sought.

14. Before adverting to the factual aspects of the case in order to answer the above questions, it is necessary to refer to Sections 420 and 429 of IPC.

Sections 420 and 429 of IPC read as under:

"420. Cheating and dishonestly inducing delivery of property.-Whoever cheats and thereby dishonestly induces the person deceived to deliver any property to any person, or to make, alter or destroy the whole or any part of a valuable security, or anything which is signed or sealed, and which is capable of being converted into a valuable security shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.

429. Mischief by killing or maiming cattle, etc., of any value or any animal of the value of fifty rupees.-Whoever commits mischief by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox, whatever may be the value thereof, or any other animal of the value of fifty rupees or upwards, shall be punished with imprisonment of either description for a term which may extend to five years, or with fine, or with both."

15. Cheating can be committed in either of the two ways described in Section 415 of IPC: (i) By deception practiced upon a person, the accused dishonestly or fraudulently induces that person to deliver the property to any person, or to consent that any person shall retain any property; (ii) By practicing deception, the accused intentionally induces the person to do or omit to do anything, which is likely to cause damage or harm to that person in body, mind, reputation or property.

16. The offence under Section 429 of IPC essentially consists of mischief whereby the offender intends to cause loss or damage to the owner of the animal by killing, poisoning, maiming or rendering useless, any elephant, camel, horse, mule, buffalo, bull, cow or ox.

17. It is also necessary to refer to Sections 4, 8, 9 and 11 of Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 and Section II(l)(d) of Prevention of Cruelty to Animals Act, 1960, which read as under:

"4. Prohibition of slaughter of cow or calf of she-buffalo.-

Notwithstanding any law, custom, or usage to the contrary, no person shall slaughter or cause to be slaughtered, or offer or cause to be offered for slaughter or otherwise intentionally kill or offer or cause to be offered for killing any cow or calf of she-buffalo.

8. Restriction on transport of animal or cow for slaughter.-No person shall transport or offer for transport or cause to be transported any animal or cow from any place within the State to any place outside the State, for the purpose of its slaughter in contravention of the provisions of this Act or with the knowledge that it will be or is likely to be, so slaughtered.

9. Prohibition of sale, purchase or disposal of cow or calf of she-buffalo for slaughter. -No person shall purchase, sell or otherwise dispose of or offer to purchase, sell or otherwise dispose of or cause to be purchased, sold or otherwise disposed of, cows, or calves of she-buffaloes for slaughter or knowing or having reason to believe that such cattle shall be slaughtered.

11. Penalties.-Whoever contravenes any of the provisions of this Act shall, on conviction, be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."

The other penal provision invoked against the petitioners is the offence under Section ll(l)(d) of the Prevention of Cruelty to Animals Act, 1960, which reads as under:

"11. Treating animals cruelly. -(1) If any person.-

(a) to (c)...

(d) conveys or carries, whether in or upon any vehicle or not, any animal in such a manner or position as to subject it to unnecessary pain or suffering."

18. Now let me consider the accusations made in the complaint against the petitioners that the petitioners are the partners of M/s. Shrusthi Agro and Cold Storage situated at Plot No. SPL, Q-l, KSIDC, Kanabargi Industrial Area, Auto Nagar, Belagavi, and they are engaged in the cold storage business, i.e. trimming and packing of meat/beef, seasonal fruits etc. and these petitioners have violated the very penal provision of Sections 420 and 429 of IPC and Section 11 read with Sections 9, 8 and 4 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 and Section II(l)(d) of Prevention of Cruelty to Animals Act, 1960. In this petition, sought for the relief of quashing of FIR registered against the petitioners and main grounds urged in the petition is that they are only procuring the meat from the local traders and are processing and storing the meat in cold storage units, cold storage rooms/freezers as per the requirement of the traders/customers/parties etc. and they are carrying out their business through lawful means and are specifically abiding by the rules and regulations prescribed by the concerned department and Government circulars and they does not purchase the meat directly from the slaughter house, but the owners/traders involved in Karnataka Prevention of Cow Slaughter and Cattle Preservation Rules, 1967. Further, respondent 1 without complying with the mandatory provisions in respect of search and seizure as envisaged in the Criminal Procedure Code, has violated the rules and regulations related to investigation of the offences which the petitioners are charged and failed to produce panchanama to the Magistrate at the time of submitting the property profile. The petitioners' Counsel in his arguments has relied upon a judgment of this Court delivered at Kalaburagi Bench in Cri. Pet. No. 201319/2018 initiated the similar proceedings and invoking Sections 420 and 429 of IPC and contend that the same is aptly application to the case on hand.

19. It has to be noted that in the said case a penal provision invoked is only Sections 420 and 429 of IPC in Crime No. 11/2018 and not invoked Sections 4, 8 and 9 of the Karnataka Prevention of Cow Slaughter and Cattle Preservation Act, 1964 and Section II(l)(d) of Prevention of Cruelty to Animals Act, 1960 and the Kalaburgi Bench in the said judgment elaborately discussed Sections 420 and 429 and in the said case petitioners were having licence to do the business and in the present case, it is not the case of the petitioners that they have obtained the licence to do the business of engaging in the cold storage business i.e. trimming and packing of meat/beef, seasonal fruits etc. and I do not find such licence along with the petition filed before this Court.

20. It is pertinent to note that based on the complaint filed by Smt. Joshine Antony, who is the respondent herein, the proceedings are initiated against these petitioners and sought for quashing of the very initiation of FIR against these petitioners. It is pertinent to note that unless the investigation is go on, in the beginning stage itself, Court cannot comes to a conclusion that whether ingredients are fulfilled for the offences invoked against these petitioners. There is no dispute with regard to the fact that these petitioners were involved in the business of trimming and packing of meat/beef, seasonal fruits etc., and contends that they are procuring the same meat from the owners/traders and not from the slaughter house and same is a question of fact and the same has to be investigated from which place the petitioners have procured this meet and same cannot be done unless investigation is continued. Whether the ingredients are fulfilled or not with regard to the offences invoked against them, unless the investigation is completed at the preliminary stage, the Court cannot look into the same and the same can be done only after filing of the charge-sheet. Without collecting the materials from the Investigation Officer, the Court cannot come to the conclusion that the offences invoked against these petitioners does not constitute the offences invoked against the petitioners.

21. It is pertinent to note that in the case on hand, the investigation is not completed and these petitioners have approached this Court very initiation of proceedings. The petitioner's Counsel also relied upon the other judgment of this Court passed in W.P. No. 102964/2018 connected with W.P. No. 102965/2018 and this Court with regard to initiation of proceedings dealt with regard to search and seizure and not passed any order quashing of criminal proceedings initiated against the petitioners in the particular case and the said order has been challenged before the Apex Court and the Apex Court in the said judgment observed in SLP Nos. 6505-06/2018 in Cri. A. Nos. 1591-1592/2018 has categorically held that the I.O. and Magistrate concerned would proceed in the matter strictly in accordance with law on the basis of evidence and would not be influenced, in any manner, by the observations made by the Fligh Court in the impugned order and further observed that refrained themselves from going into the merits of the case at this stage in these appeals because they find that the I.O. and the Magistrate are already seized of the matter and when such an observations, I am of the opinion that the judgment of the Kalaburgi Bench quashing of the proceedings is not applicable to the case on hand.

22. I also would like to quote the judgment of the Apex Court in the case of Dineshbhai Chandubhai Patel v. State of Gujarat and Others, (2018)3 SCC 104. The Apex Court in this judgment discussing Sections 482, 157 and 154 and also inherent powers of High Court under Section 482 held how the same has to be exercised in context of challenge to FIR - "How to be dealt with Principles summarised: In order to examine as to whether factual contents of the FIR disclose any prima facie cognizable offences or not, High Court cannot act like an investigating agency and nor can exercise powers like an Appellate Court. Question is required to be examined, keeping in view, contents of FIR and prima facie material, if any, requiring no proof - At such stage, High Court cannot appreciate evidence nor can it draw its own inferences from contents of FIR and material relied on - It is more so, when the material relied on is disputed - In such a situation, it becomes the job of investigating authority at such stage, to probe and then of the Court to examine questions once the charge-sheet is filed along with such material as to how far and to what extent reliance can be placed on such material - Once the Court finds that FIR does disclose prima facie commission of any cognizable offence, it should stay its hand and allow investigating machinery to step into initiate the probe to unearth crime in accordance with the procedure prescribed in Cr. P.C."

23. The above judgment referred by respondent 2 is aptly applicable to the case on hand and in this proceedings very initiation of case is challenged. Only the Court has to take into note of whether prima facie commission of any cognizable offence is taken place. On perusal of the complaint which is annexed along with this petition, a specific allegation is made that cold storage units have been procured meat from illegal cow slaughter house and in and around Belgaum and process them in their units, pack them and send it for exports. These cold storage are functioning without any licence from Directorate of Factories, Industrial Safety and Health licence is also not procured by them. Any cold storage functioning without these licence shall not be allowed to function at all. The meat stored in these cold storage are not for consumption for public as they are not procured from the reliable legal slaughter house and moreover, they are cheating the general public and Government by sending these contaminated hygienic meet to foreign countries through different campus in Maharashtra and other States. None of these cold storage units have licence from Exports Development Authority. Illegally workers from Bangladesh etc. are working in these cold storage unit and when the specific allegation is made and when the such allegation discloses prima facie commission of the cognizable offence, the same has to be investigated by the Investigating Authority and this Court cannot interfere in the Investigating Agency and only at the stage of initiating the proceedings, this Court has to look into whether the contents of the FIR and if any prima facie material are not the proved, this Court also cannot appreciate the evidence nor can it draw its own inference from the contents of the FIR and material. It is the job of the Investigating Authority to probe and file a final report and whether the allegations made in the complaint constitute an offence against the petitioners also cannot be looked into at this stage unless the investigating agency is allowed to investigate the allegation made in the complaint i.e., whether they were having the licence to do the business and from where they are procuring the meat and whether they are procuring the same from the authorised persons, all these job is of the investigating agency. At the stage of initiation of proceedings by registering the case, this Court cannot act like a investigating agency as held by the Apex Court and also this Court cannot exercise the powers under section 482 of Cr. P.C., 1973 and if it is interfered, it is nothing but interfering with the investigating agency and curtailing the exercising of the powers under sections 154,156 and 157 of Cr. P.C., 19

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73 of the Investigating Officer. 24. Powers conferred under Sections 154 to 157 is a right of investigation is conditioned by existence of reasons to suspect the commission of cognizable offence and when the complaint disclose the commission of such an offence and if initiation of proceedings by invoking Sections 154 to 157, then this Court has no power to start the investigation and whether an offence was disclosed or not, must necessarily depend on facts and circumstances of each particular case and if the Court is satisfied that an offence is disclosed, the Court also normally not interfere with investigation into the offence and will generally allow the investigation into the unearth the crime and allowing investigating agency to collect the materials for proving the offence. If the petition is quashed, in view of the contentions raised by the petitioners, it amounts to interfering with the investigation in the offence and preventing the authority in collecting of the materials for proving of the offence. 25. It is settled law that Section 482 is not an rule and it is an exception and while invoking section 482 of Cr. P.C., 1973 the Court must be vigilant and mere initiation of the proceedings against the petitioner cannot be a ground to invoke Section 482 and 482 can be exercised only if initiation of proceedings amounts to abuse of process and whether it amounts to miscarriage of justice. I have already mentioned the content of the allegation made in the complaint and when the same shows prima facie allegation and when the complaint disclose a commission of any cognizable offence, this Court cannot exercise its powers and whether penal proviso invoking against the petitioners attract or not and the same can be examined only after filing of the final report and not at the stage of initiation of proceedings. Whether material collected attracts the penal proviso or not has to be looked into after filing of the final report. Investigating agency has got right to alter the penal provision or to invoke appropriate penal provision while filing the final report to proceed against the petitioners. Under these circumstances, I am of the opinion that it is not a fit case to exercise the powers under section 482 of Cr. P.C., 1973 against the petitioners to quash the proceedings and the very ground urged in the petition is that they are doing business lawfully in terms of the rules and regulations and the main allegation in the complaint is that this petitioner is not having any licence to do business and without any licence have involved in procuring and processing the meet and doing business of cold storage and the violation has to be investigated by the Competent Authority and hence, the matter is taken for investigation and investigation process is on in the light of the allegations made in the complaint by registering the case based on the complaint and hence, I do not find any reason to quash very initiation of proceedings as sought. 26. In view of the discussions made above, I pass the following: ORDER The petition is dismissed.
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