IN THE HIGH COURT OF KARNATAKA AT BENGALURU

CRIMINAL PETITION No. ____________ /2019

(Memorandum of Criminal Petition Under Section 482 of the

Code of Criminal Procedure 1973)

BEFORE THE II ADDITIONAL 1ST CIVIL JUDGE AND JMFC

AT MYSORE
C.C. NO. 1640 / 2018

RANK OF THE PARTIES IN

BETWEEN Complaint High Court

1. SRI. P KESHAVAN

S/o ………….

Aged about ………. Years

Residing at ………… ACCUSED NO.2 / PETITIONER NO.1

2. SMT. CHANDRAKALA REDDY

D/o or W/o ………….

Aged about ………. Years

Residing at ………… ACCUSED NO.3 / PETITIONER NO.2

AND

1. KARNATAKA BIODIVERSITY BOARD

(Board constituted under Sec 22 of

the Biological Diversity Act, 2002

Department of Forest, Ecology & Environment

Having its office at Ground Floor, “Vanavikas”

18th Cross, Malleshwaram,

Bangalore - 560003 COMPLAINANT / RESPONDENT

 MEMORANDUM OF CRIMINAL PETITION UNDER
SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE,
1973

The Petitioners most respectfully submits as under:

1. The addresses of parties for service of processes issued by this

Hon’ble Court are as stated in the cause title. The Petitioners

may also be served through their counsels Mr. Pradeep Joshi and

Mr. Akki Arun Kumar, Advocates and Legal Consultants,

No.119/3, First Floor, Opposite Citrine Hotel, S.C. Road,

Seshadripuram, Bengaluru – 560020.

2. It is submitted that the Petitioners being aggrieved by the order

dated …………. passed by the II Additional 1st Civil Judge and

JMFC at Mysore (hereinafter referred to as “the Trial Court”) in

C.C. NO. 1640 / 2018 taking cognizance of the alleged offences

mentioned in the Complaint filed by the Respondent (herein

after referred to as ‘the impugned order’) and issuing summons,

have filed the present Petition for the quashing of the

proceedings pending before the Trial Court. It is submitted that,

the Respondent has filed the Complaint before the Trial Court

alleging that, the “IND CASSIA NUTRACEUTICALS”, a registered

 Partnership Firm wherein the Petitioners are the Partners, has

not filed the Form No. 1 in terms of Rule 15(1) of the Karnataka

Biological Diversity Rules 2005 (hereinafter “the Karnataka

Rules”) read with Section 62(a) of the Biological Diversity Act,

2002 (hereinafter “the Act”) and thereby committed offences

punishable under Section 55(2) of the Act. Certified copy of the

impugned order dated …………… and Complaint filed by the

Respondent before the Trial Court in C.C. NO. 1640 / 2018 are

produced herewith as ANNEXURE ‘A’, and ANNEXURE ‘B’

respectively.1

FACTS OF THE CASE:

1. It is submitted that, the Respondent has filed a Complaint under

Section 61 (a) of the Act read with Section 200 of the Code of

Criminal Procedure for the Offenses punishable under Section

55(2) of the Act read with Rule 15(1) of the Karnataka Rules

(hereinafter referred to as “the Impugned Complaint”) before

the Trial Court.

2. It is submitted that the Petitioners are the Partners in IND CASSIA

NUTRACEUTICALS which is a registered partnership firm which is

engaged in which is engaged in manufacture and sale of Human,

1
Please provide Certified Copy of the Orders Sheet and Complaint along with all the Annexures.
 Veterinary, Poultry, Agricultural Nutrition Products and

Bacteriological Media Ingredients. This firm was founded in the year

1991 by the Petitioner No.1 in Mysore. The Petitioner No.1 is a

technically qualified in the field of Nutraceuticals & herbals. Both the

Petitions and the Partnership Firm are law abiding persons and entity

and have no criminal antecedents.

3. It is submitted that the Petitioners with their partnership firm have

been filing the Form No.1 under Rule 15 of the Karnataka Rules time to

time in compliance of the mandate of Section 7 and Section 24 of the

Act with the Respondent and there are no pending proceedings for any

irregularities against the Petitioners except the impugned complaint. It

is pertinent to note that the Petitioner have complied with all the

notices issued by the Respondents and filed Form No.1 with the

Respondents.

4. This being the case the Respondent without there being any cause has

filed the impugned complaint making allegation as to the violation of

various provisions of the Act and Rules. The Respondent has

complained that the Petitioners did not filed Form No.1 as prescribed

under the Karnataka Rules for the year 2012-13, 2013-14, 2014-15, 2015-

16, 2016-17 and 2017-18. Further it is complained that the Respondent

issued multiple notices to the Accused No.1 Partnership Firm and

directed the Petitioners to filed Form No.1. pursuant to such notices

 the Petitioner on various dates filed Form No.1 and the same were

found to be incomplete.

5. It is further complained by the Respondent that the Petitioners were

further notified to file complete Form No.1 as prescribed under the

Karnataka Rules and the Petitioners failed to comply with the same. In

view of the same the Petitioners were further notified to appear before

the Respondent in person and the Petitioners failed to appear before

the Respondent.

6. It is pertinent to note that the Respondent notes in its complaint that

the Petitioners filed Form No.1 for the Year 2015-16, 2-16-17 and 2017-

18 on 06.07.2017. the Respondent has filed the present impugned

complaint pursuant to a notice issued to the Petitioner dated 20.12.2017

wherein the Petitioners were called upon to submit Form No.1 for the

year 2015-16, 2-16-17 and 2017-18 without even considering the Form

No.1 submitted on 06.07.2017.

7. The Respondent filed the impugned complaint before the Trial Court

based on the above facts and making allegations of violations of

various provisions of the Act and Rules. Pursuant to filing such

Complaint the Trial Court without application of mind has taken

cognizance of the offences punishable under Section 55(2) of the Act.

 8. The Trial Court issued the summons to the Petitioners without even

assigning any reasons for such drastic step and further the matter is

now posted for Hearing Before Charge.

9. It is pertinent to mention that the Petitioners have field Form No.1

even for the current year of 2018-19 on ___________ and the

acknowledgement for having filed Form No.1 for the year 2018-19 is

produced herewith as Annexure-C.

10. Aggrieved by such actions, the Petitioners herein have invoked

the jurisdiction of this Hon’ble Court on the following amongst

other grounds:

GROUNDS

11. It is submitted that in the Complaint filed before the Trial Court

by the Respondent, there was no allegation or any documentary

evidence filed as against the Petitioners to make a prima facie case

to demonstrate the factum of accusation as against the Petitioners

and in the absence of any material documents, the Trial Court

miserably failed in taking cognizance of the offences alleged in

the Complaint and misdirected itself from issuing process. Under

the said circumstances and in absence of any material as against

the Petitioners, the impugned order is bad in law.

12. It is submitted that the trial court without going into the veracity,

ingredients and material documents to demonstrate that there

was commission of the offences and without application of its

mind mechanically entertained the complaint filed by the

Respondent and took cognizance of the alleged offence and

issued process to the Petitioners. It is further submitted that the

trial court miserably failed to find out the alleged offences

committed by the Petitioners and without giving reasons

mechanically passed the impugned order taking cognizance.

Hence, looked from any angle the impugned order does not

survive for any consideration and liable to be quashed.

13. That the present impugned complaint has been filed for alleged

non filing of Form No.1 for the year 2015-16, 2-16-17 and 2017-18

however the Trial Court had failed to appreciate the admitted fact that

the Petitioners have already filed Form No.1 for the year 2015-16, 2-16-

17 and 2017-18 on 06.07.2017. The Respondent without considering

such filing made on 06.07.2017 issued one more notice on 20.12.2017

and said nothing about the Form No.1 already filed. In view of the

same the Impugned Complaint is misconceived and the Trial Court

without application of mind, mechanically has taken cognizance of the

 offenses. In view of the same the present complaint, order taking

cognizance deserves to be quashed.

14. That the Trial Court had failed to appreciate that there is no failure on

the part of the Petitioners and their Firm under Section 7 and 24 of the

Act read with Rule 15(1) of the Karnataka Rules. It is admitted fact that

the Petitioners have already filed Form No.1 for the year 2015-16, 2-16-

17 and 2017-18 on 06.07.2017 and Respondent issued final notice dated

20.12.2017 under the misconception that the Petitioners have not filed

Form No.1 for the above mentioned year.

15. That, summoning of an accused in a criminal case is a serious matter

and the order taking cognizance by the Trial Court summoning the

accused must reflect that the Trial Court has applied his mind to the

facts of the case and the law applicable thereto. It is submitted that if

the allegations set out in the complaint do not constitute the offence of

which cognizance is taken by the Trial Court it is a fit case for the

exercising discretionary powers of this Hon’ble Court to quash

proceedings in CC No. 1640 / 2018.

16. The Petitioners crave leave of this Hon’ble Court to permit the

Petitioner to bring in additional grounds and supporting

documents if any required at the time of hearing of this Petition.

 PRAYER

Wherefore, it is most respectfully prayed that this Hon’ble Court be

pleased to:

(i) Quash/Set aside the order dated …………………. Passed

by II Additional 1st Civil Judge and JMFC at Mysore in

C.C. NO. 1640 / 2018. (Annexure ‘A’);

(ii) Quash the Complaint filed by Respondent bearing C.C.

NO. 1640 / 2018 pending before the II Additional 1st Civil

Judge and JMFC at Mysore (Annexure - B);

(iii) Grant such other relief/s as this Hon'ble Court deems fit, in

the interest of justice.

Bengaluru
Date: Advocate for Petitioners

Address for service:

Mr. Pradeep Joshi
Mr. Akki Arun Kumar,
No.119/3, First Floor,
Opposite Citrine Hotel,
S.C. Road, Seshadripuram,
Bengaluru – 560020
 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

CRIMINAL PETITION No. ………./2019

Between:

P Keshavan and another … Petitioners

And:

Karnataka Biodiversity Board …Respondent

Verifying Affidavit

I, P Keshavan, S/o …………Aged about ….. years, resident of

………………….. do hereby solemnly affirm and state as follows:

1. I state that I am the Petitioner No.1 in the accompanying

Criminal Petition and I am aware of the facts of the case.

2. I state that the averments made in the accompanying Criminal

Petition in paragraph Nos. 1 to …… are true and correct, to the

best of my knowledge, information and belief.

3. I state that Annexures ‘A’ to ‘C’ are true copies of the originals.

Bengaluru

Date:

Identified by me Deponent

Advocates
 IN THE HIGH COURT OF KARNATAKA AT BENGALURU

CRIMINAL PETITION No. ………./2019

Between:

P Keshavan and another … Petitioners

And:

Karnataka Biodiversity Board …Respondent

Verifying Affidavit

I, Chandrakala Reddy, W/o …………Aged about ….. years, resident of

………………….. do hereby solemnly affirm and state as follows:

4. I state that I am the Petitioner No.2 in the accompanying

Criminal Petition and I am aware of the facts of the case.

5. I state that the averments made in the accompanying Criminal

Petition in paragraph Nos. 1 to …… are true and correct, to the

best of my knowledge, information and belief.

6. I state that Annexures ‘A’ to ‘C’ are true copies of the originals.

Bengaluru

Date:

Identified by me Deponent

Advocates