Karnataka High Court
Shivappa S/O. Kedari Honnalli vs The State Of Karnataka on 26 June, 2023
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2023:KHC-D:6317
CRL.P No. 100191 of 2018
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH
DATED THIS THE 26TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100191 OF 2018 (482-)
BETWEEN:
1. SHIVAPPA S/O. KEDARI HONNALLI,
AGE:59 YEARS, OCC:DRIVER,
R/O. NEAR KEB VIJAYAPUR ROAD,
ATHANI, DIST: BELAGAVI.
2. SATYANARAYAN S/O. NANDALAL KOGATA,
AGE: MAJOR, OCC: PROP.M/S. SATYANARAYAN
AND CO., R/O: ATHANI NEAR KEB
VIJAYAPUR ROAD,
DIST: BELGAVI.
...PETITIONERS
(BY SRI. H.R. DESHPANDE, ADVOCATE)
AND:
CHANDRASHEKAR
LAXMAN
KATTIMANI THE STATE OF KARNATAKA,
BY ITS POLICE SUB INSPECTOR,
JAMKHANDI CIRLCE SAVALGI PS,
Digitally signed by DIST: BAGALKOT,
CHANDRASHEKAR REPRESENTED BY THE
LAXMAN
KATTIMANI STATE PUBLIC PROSECUTOR,
Date: 2023.07.06 HIGH COURT BUILDING,
15:52:48 -0700
HIGH COURT OF KARNATAKA,
AT: DHARWAD BENCH.
...RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP)
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NC: 2023:KHC-D:6317
CRL.P No. 100191 of 2018
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., SEEKING TO SET ASIDE THE ORDER DATED
07.10.2017 THAT IS TAKING COGNIZANCE, CHARGE SHEET
AND TO QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.41
OF 2017 ON THE FILE OF PRL. SENIOR CIVIL JUDGE AND JMFC
COURT, JAMAKHANDI (SAVALAGI POLICE STATION CRIME
NO.139 OF 2015) FOR THE OFFENCES PUNISHABLE UNDER
SECTION EXPOLISIVE ACT 1884(SEC.9-B) EXPLOSIVE
SUBSTANCES ACT 1908 (SECTION5) AGAINST THE
PETITIONERS.
THIS PETITION, COMING ON FOR FINAL HEARING, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard Shri. H. R. Deshpande, learned counsel for petit ioners and Smt. Girija S. H iremath, learned H igh Court Government Pleader for respondent-Stat e.
2. The present petit ion is filed under Section 482 of Cr.P.C. with the following prayer :-
"I t is, therefore prayed that this Hon'ble High Court be pleased to SET-ASIDE the order dtd : 07/10/2017 i.e., taking cognizan ce, -3- NC: 2023:KHC-D:6317 CRL.P No. 100191 of 2018 char ge sheet and quashing the en tire proceedings in C.C. No.41/2017 on the file of Prl. Senior Civil Judge & JMFC Cour t, Jamkhasndi. (Savalagi PS CR. No .139/2015) for the offences punishab le U/sec. Explosive Act 1884 (Se c-9B) Explosive Substances Act, 1908 (Sec-5) again st the pe titioners in the interest of eq uity a nd natural justice."
3. Brief facts of the case are as under :-
Petitioners have been charge sheeted for the offence punishable under Section 9B of the Explosives Act, 1884 for illegally transport ing the explosive substance. The raid party possessed the vehicles and found that explosives are transported without proper documentation violation of the provisions of the Explosives Act, 1884 under Sect ion 9B and Sect ion 5 of the Explosives Substances Act, 1908.
4. The matter was investigated and after through invest igation charge sheet is filed against the petitioners and learned Magistrate took -4- NC: 2023:KHC-D:6317 CRL.P No. 100191 of 2018 cognizance of the offences alleged against petitioners and issued process and summoned the accused persons before the Trial Court.
5. Accused after obtaining the bail, for the aforesaid offences, have challenged the order tak ing cognizance and issue of process.
6. Reiterating the grounds urged in the petition, Shri. H. R. Deshpande, learned counsel for petitioners vehemently contended that the transportation of the explosive subst ances was under the license and permit and the same could not be produced before the authority in original but the photo copies thereof was produced by the persons who are arrested by the raid party. Since petitioners did not meet the illegal demands of the raid party, a false case has been foisted and by conducting perfunctory investigation a false charge sheet has been filed against petitioners and therefore, sought for quashing of the entire -5- NC: 2023:KHC-D:6317 CRL.P No. 100191 of 2018 proceedings in C.C. No.41/2017 on the file of learned Principal Senior Civil Judge and JMFC, Jamkhandi.
7. Per contra, learned High Court Government Pleader for respondent-State supports the order taking cognizance contending that it is imperative for the persons who transport the exclusives carrying the original license and permit and other required documents throughout the transport and whenever questioned, the persons who are the in-charge of transport of explosive substances, are required to show the same to the concerned authorit ies. In the case on hand, accused failed t o do so and therefore, prima facie materials are available to proceed against the petitioners for the trial and therefore, sought for dismissal of the petit ion.
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8. I n view of the rival contentions of the parties, this Court perused the material on record meticulously.
9. On such perusal, it is seen that the defence taken on behalf of pet itioners in the form of grounds are to be adjudicated during the trial. This Court at this stage cannot hold a mini trial to find out the veracit y of the contentions canva ssed on behalf of the petit ioner s.
10. Suffice to say t hat learned Magistrate has applied his mind before taking cognizance and case is made out for trial.
11. Accordingly , this Court is of the considered opinion that the grounds urged in the petition are hardly sufficient to exercise the power vested in this Court under Sect ion 482 of Cr.P.C. to quash the fur ther proceedings. -7-
NC: 2023:KHC-D:6317 CRL.P No. 100191 of 2018
12. Hence, the following order is passed:
ORDER Petition dismissed.
The observat ion made by this Court during the course of passing t his order, shall not effect the rights of petitioners in pending trial.
Sd/-
JUDGE SMM List No.: 2 Sl No.: 73