Karnataka High Court
Gurunath S/O Manikappa Kollur vs The State Throgh Bidar Rural Police ... on 23 May, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P No. 201417 of 2022
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 201417 OF 2022 (482-)
BETWEEN:
1. GURUNATH S/O MANIKAPPA KOLLUR
AGE 57 YEARS, OCC. CLASS-I CONTRACTOR, R/O 8-
6-89/1, JANAWAD ROAD, J P NAGAR, BIDAR 585401
...PETITIONER
(BY SRI. AVINASH A UPLOANKAR, ADVOCATE)
AND:
1. THE STATE THROGH BIDAR RURAL POLICE STATION
DIST BIDAR, NOW REPTD, BY ADDL. SPP HIGH
COURT OF KARNATAKA, KALABURAGI BENCH 585107
...RESPONDENT
(BY SRI GURURAJ V HASILKAR, HCGP)
CRL.P FILED U/S.482 OF CR.P.C. BY THE ADVOCATE FOR THE
PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE
Digitally PLEASED TO EXERCISE THE INHERENT POWERS U/SEC. 482 CR.P.C.
signed by
KHAJAAMEEN EXAMINE THE RECORDS AND PLEASED TO QUASH TAKING
L MALAGHAN COGNIZANCE DATED 07.01.2022 IN CC NO.20/2022, FOR THE
Location: High
Court of OFFENCE U/SEC. 9B(1)(b) OF EXPLOSIVE ACT, 1884 AND 286, 336
Karnataka OF IPC, PENDING BEFORE THE COURT OF II ADDL. CIVIL JUDGE AND
J.M.F.C. BIDAR, OR IN ALTERNATIVE DIRECT THE COURT TO ACCEPT
THE PLEA OF GUILT AND IMPOSE FINE ONLY, IN THE INTEREST OF
JUSTICE. I.A.1/2022 FOR STAYI.A.1/2022 FILED U/S.482 OF
CR.P.C.PRAYING TO STAY THE TAKING COGNIZANCE DATED
07.01.2022 IN C.C.NO. 20/2022, FOR THE OFFENCE U/SEC. 9B(1)
(b) OF EXPLOSIVE ACT, 1884 AND 286, 336 OF IPC, PENDING
BEFORE THE II ADDL. CIVIL JUDGE AND J.M.F.C. BIDAR, IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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CRL.P No. 201417 of 2022
ORDER
The police after the 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 the petitioner. 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 and 336 of IPC. Taking exception to the same, the petitioner - accused No.1 is before this Court.
2. Heard the learned counsel for the petitioner - accused No.1 and the learned High Court Government Pleader for the respondent - State.
3. The charge sheet is laid alleging that the petitioner
- accused No.1 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 otherwords, 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 permission granted by the District Magistrate has taken cognizance and the same stands vitiated for non-compliance of -3- CRL.P No. 201417 of 2022 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 (CC No.20/2022) registered by the Bidar Rural Police Station pending on the file of the learned II Additional Civil Judge and JMFC, Bidar, insofar as it relates to accused No.1 is hereby quashed.
Sd/-
JUDGE BKM List No.: 1 Sl No.: 49