Karnataka High Court
Suryakanth vs The State Through Bidar Rural Police ... on 14 July, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC-K:5369
CRL.P No. 201008 of 2023
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 14TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO.201008 OF 2023
BETWEEN:
1. SURYAKANTH S/O GANAPATHI,
AGE: 56 YEARS, OCC: MANAGER,
R/O HEDGAPUR VILLAGE, TQ. AURAD,
DIST. BIDAR-585 436.
...PETITIONER
(BY SRI. AVINASH A. UPLAONKAR, ADVOCATE)
AND:
1. THE STATE THROUGH
BIDAR RURAL POLICE STATION,
DIST. BIDAR, NOW REPRESENTED BY
Digitally signed by
LUCYGRACE ADDL. SPP, HIGH COURT OF KARNATAKA,
Location: HIGH COURT
OF KARNATAKA KALABURAGI BENCH-585 107.
...RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, HCGP)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO
EXERCISE THE INHERENT POWERS U/SEC 482 CR.P.C.,
EXAMINE THE RECORDS AND PLEASED TO QUASH TAKING
COGNIZANCE DATED 07.01.2022 IN C.C.NO.20/2022 (CRIME
NO.13/2021 OF BIDAR RURAL P.S) FOR THE OFFENCE U/SEC.
9B (1)(b) OF EXPLOSIVE ACT, 1884 AND 286, 336 OF IPC,
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NC: 2023:KHC-K:5369
CRL.P No. 201008 of 2023
PENDING BEFORE THE COURT OF II ADDL. CIVIL JUDGE AND
J.M.F.C., BIDAR.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The police after investigation, laid the charge sheet alleging that, on receiving the credible information, it was found that the explosive substances was stacked in the lorry belonging to accused No.1. The learned Magistrate, after accepting the charge sheet, took the cognizance of the offence punishable under Section 9B(1)(b) of the Explosive Act, 1884 and Sections 286 & 336 of IPC. Taking exception to the same, the petitioner - accused No.4 is before this Court.
2. Heard the learned counsel for the petitioner - accused No.4 and the learned High Court Government Pleader for the respondent - State.
3. The charge sheet is laid alleging that the petitioner
- accused No.4 without obtaining license was in possession of the explosive substances in contravention of Section 9B of the Explosive Act, 1984. The Explosive Substances Act, 1908 was enacted to amend the law relating to explosives substances. Section 7 of the Act, 1908 specifies that, no Court shall proceed to trial of any person for an offence against this Act, except with the consent of the District Magistrate. In other words, the cognizance can be taken by the learned Magistrate for the offence punishable under the provisions of the Act, 1908 only with prior permission from the District Magistrate. In the instant case, the learned Magistrate in the absence of any -3- NC: 2023:KHC-K:5369 CRL.P No. 201008 of 2023 permission granted by the District Magistrate has taken cognizance and the same stands vitiated for non-compliance of mandatory provision contained in Section 7 of the Act, 1908. Accordingly, I pass the following:
ORDER
i) Criminal petition is allowed.
ii) The impugned FIR in Crime No.13/2021 (C.C.No.20/2022) registered by the Bidar Rural Police Station, for the offence punishable under Section 9B(1)(b) of the Explosive Act, 1884 and Sections 286 & 336 of IPC, pending on the file of the learned II Additional Civil Judge and JMFC, Bidar, insofar as it relates to the petitioner-accused No.4 is hereby quashed.
Sd/-
JUDGE LG List No.: 1 Sl No.: 44