Karnataka High Court
Omprakash S/O Shambhulal Kabra vs The State on 8 June, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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CRL.P.No.201079 of 2022
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 8TH DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 201079 OF 2022
BETWEEN:
OMPRAKASH S/O SHAMBHULAL KABRA
AGE. 50 YEARS, OCC. BUSINESS,
R/O KADAGANCHI VILLAGE,
TQ ALAND,
NOW PRESENT AT NEAR KMF MILK DAIRY
NEAR HUMNABAD ROAD, RING ROAD,
KALABURAGI DIST KALABURAGI-585104
...PETITIONER
Digitally signed
by KHAJAAMEEN (BY SRI. AVINASH A. UPLOANKAR,ADVOCATE)
L MALAGHAN
Location: HIGH
COURT OF AND:
KARNATAKA
THE STATE
THROUGH CHITTAGUPPA POLICE STATION,
DIST BIDAR, NOW REPRESENTED BY
ADDL. SPP. HIGH COURT OF KARNATAKA
KALABURARI BENCH 585107
...RESPONDENT
(BY SRI. GURURAJ V. HASILKAR, HCGP)
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CRL.P.No.201079 of 2022
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO EXERCISE THE INHERENT POWERS
UNDER SECTION 482 OF CR.P.C. EXAMINE THE RECORDS
AND PLEASED TO QUASH TAKING COGNIZANCE DATED
08.02.2022 IN CC.NO.48/2022 (CRIME NO.42/2021 OF
CHITTAGUPPA P.S.) FOR THE OFFENCES PUNISHABLE
UNDER SECTIONS 9B (1) (B) OF EXPLOSIVE ACT, 1884 AND
286 AND 336 OF IPC, PENDING BEFORE THE COURT OF THE
ADDL. CIVIL JUDGE AND JMFC, AT HUMNABAD OR IN
ALTERNATIVE DIRECT THE COURT TO ACCEPT THE PLEA OF
GUILT AND IMPOSE FINE ONLY.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition under Section 482 of Cr.P.C. is filed by the petitioner - accused No.2 challenging the proceeding in C.C.No.48/2022 on the file of the Additional Civil Judge and JMFC, Humnabad, for the offences punishable under Sections 9B (1) (b) of Explosive Act, 1884 and under Sections 286 and 336 of IPC.
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02. The police after the investigation laid the charge sheet alleging that, on receiving the credible information, it was found that one Vijayakumar s/o Taua[[a Dandekar, was possessing the explosive substances at Kallur Shivar village. On enquiry he stated that he has purchased the explosive substances from the petitioner - accused No.2
03. The learned Magistrate after accepting the charge-sheet took the cognizance of the aforesaid offences. Taking exception to the same, the petitioner - accused is before this Court.
04. Heard the learned counsel for the petitioner - accused No.2 and the learned High Court Government Pleader for the respondent - State.
05. The charge-sheet is laid alleging that the petitioner - accused No.2 without obtaining license was in possession of the explosive substances in contravention of Section 9B of the Explosive Act, 1884. The Explosive Substances Act, 1908 was enacted to amend the law relating to explosives substances. Section 7 of the Act, -4- CRL.P.No.201079 of 2022 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.
06. 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 mandatory provision contained in Section 7 of the Act, 1908. Accordingly, I pass the following:
ORDER I. The Criminal Petition is allowed. II. The impugned proceedings in C.C.No.48/2022 on the file of the Additional Civil Judge and JMFC, Humnabad, is hereby quashed. -5- CRL.P.No.201079 of 2022 In view disposal of main petition, the pending I.As. if any do not survive for consideration and hence, they are disposed of.
Sd/-
JUDGE KJJ List No.: 1 Sl No.: 39