Karnataka High Court
Sri.Kiran.G.U vs The State Of Karnataka on 14 June, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC:20466
CRL.P No. 6783 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6783 OF 2021
BETWEEN:
SRI.KIRAN.G.U.
S/O T.G. UMAPATHY,
AGED ABOUT 50 YEARS,
S.S. LAYOUT 'B' BLOCK,
4TH MAIN, 7TH CROSS,
DAVANAGERE-577 004.
...PETITIONER
(BY SRI. GAURAV G K., ADVOCATE)
AND:
THE STATE OF KARNATAKA,
REPRESENTED BY THE MAYAKONDA
Digitally signed POLICE STATION,
by DAVANAGERE-577 534.
PADMAVATHI
BK REPRESENTED BY THE LEARNED SPP,
Location: HIGH HIGH COURT OF KARNATAKA,
COURT OF
KARNATAKA BENGALURU-560 001.
...RESPONDENT
(BY SRI. MAHESH SHETTY, HCGP)
THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C,
PRAYING TO QUASH THE PROCEEDINGS PURSUANT TO FIR IN
CR.NO.58/2015 ON 28.07.2015 FOR THE OFFENCE P/U/S 420
OF IPC AND UNDER SEC.3A OF EXPLOSIVE SUBSTANCES ACT,
SEC.9B(1)(b) OF THE EXPLOSIVES ACT, SEC.21 OF THE MINES
AND MINERALS (REGULATION AND DEVELOPMENT) ACT AND
SEC.42 AND 44 OF THE KARNATAKA MINOR MINERAL
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NC: 2023:KHC:20466
CRL.P No. 6783 of 2021
CONSISTENT RULE ON THE BASIS OF THE COMPLAINT
ALLEGING THAT ON 28.07.2015, CPI, RURAL RANGE,
MAYAKONDA P.S., AND CULMINATING IN C.C.NO.625/2017 ON
THE FILE OF THE JUDICIAL MAGISTRATE FIRST CLASS,
SECOND COURT, DAVANAGERE AND WHICH IS NOW
TRANSFERRED TO THE HONBLE JMFC, 1ST COURT,
DAVANAGERE BEING RENUMBERED AS C.C.NO.1353/2020.
THIS PETITION COMING ON FOR ADMISSION , THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question the proceedings in CC.No.1353/2020 for the offences under Section 420 of IPC, Section 3(A) of Explosives Substances Act, 1908, Section 9B(1)(b) of the Explosives Act, 1984, Section 21 Of The Mines and Minerals (Regulations And Development) Act, (for short MMRD Act) and Sections 42 and 44 of the Karnataka Minor Mineral Consistent Rules, 1994.
2. The learned counsel appearing for the petitioner submits that issue in the lis stands covered on all its fours to the order passed on 14.06.2017 in Crl.P.No.7634/2016 by the Co-ordinate Bench of this Court. The Co-ordinate Bench has held as follows:
"2. The brief factual matrix that emanates from the record are that the Police Sub Inspector attached to Malebennur Police Station, was directed by the Deputy -3- NC: 2023:KHC:20466 CRL.P No. 6783 of 2021 Superintendent of Police, Davangere Taluk, to investigate a particular case. As per the said direction, it is said that on 17.07.2015, the Deputy Superintendent of Police received a credible information that within the jurisdiction of Davanagere Rural Police Station near Alur village, some persons are running stone quarrying and they are using explosives like detonators, Ammonium Nitrate etc. for the purpose of exploding the stones without there being any authority, licence or permission from the Government. On the basis of such information, the Police Sub Inspector collected the panchwitnesses, went to the spot and found that stone quarry was running and one Shivanna, @ Post Shiva Kumar(petitioner), was blasting the stones by using detonators and other explosive substances. In the presence of panchwitnesses, it appears, he conducted panchanama and collected the materials used for explosion and came back to the Police Station and thereafter registered a case in Crime No.248/2015 under Section 9B(1)(b) of the Explosive Act, 1884, Section 3(a) of Explosive Substance Act 1908, Section 21 of MMRD Act, Sections 42 and 44 of KMMC Rules 1994 and Sections 379 and 420 of IPC and and handed over the investigation to the Police Sub Inspector, Law and Order, Davanagere Rural Police Station."
3. The learned HCGP on verification would submit that, the issue does cover both the Explosives Act and MMRD Act as is considered by the Co-ordinate Bench (supra). Therefore, in the light of the issue standing covered as all its fours, the petitioner is entitled to the same order passed by the Co- ordinate Bench.
For the aforesaid reasons, the following:
ORDER
i) The petition is allowed.
ii) Initiation of the proceedings against the petitioner-
Kiran G.U., in Crime No.58/2015 under Section -4- NC: 2023:KHC:20466 CRL.P No. 6783 of 2021 9(B)(1)(b) of Explosive Act, 1884, Section 3(a) of Explosive Substance Act,1908, Section 21 of MMRD Act, Sections 42 and 44 of KMMC Rules 1994 and Sections 379 and 420 of IPC dated 28.07.2015 and all further proceedings are hereby quashed."
Sd/-
JUDGE DS List No.: 1 Sl No.: 70