Karnataka High Court
Anand vs The State Of Karnataka And Anr on 3 June, 2024
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 200304 of 2024
C/W CRL.P No. 200307 of 2024
CRL.P No. 200309 of 2024
CRL.P No. 200316 of 2024
CRL.P No. 200317 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200304 OF 2024 (482)
C/W
CRIMINAL PETITION NO. 200307 OF 2024
CRIMINAL PETITION NO. 200309 OF 2024
CRIMINAL PETITION NO. 200316 OF 2024
CRIMINAL PETITION NO. 200317 OF 2024
IN CRIMINAL PETITION NO.200304 OF 2024
BETWEEN:
Digitally BADRINATH S/O VEERAPPA POSHETTY,
signed by
SHILPA R AGE: 42 YEARS, OCC: BUSINESS,
TENIHALLI
Location:
RESIDENT OF H.NO.8/1305,
HIGH COURT SHIVAJI NAGAR, HUMNABAD ROAD,
OF
KARNATAKA KALABURAGI 585 102.
...PETITIONER
(BY SRI R. S. LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE SHO.,
KALABURAGI CHOWK PS,
REP. BY ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
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C/W CRL.P No. 200307 of 2024
CRL.P No. 200309 of 2024
CRL.P No. 200316 of 2024
CRL.P No. 200317 of 2024
KALABURAGI-585 102.
2. SHASHIKALA
AGE: 50 YEARS, OCC: PSI,
CHOWK PS., KALABURAGI,
RESIDENT OF KALABURAGI-585 102.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW THIS CRIMINAL PETITION THEREBY QUASH THE FIR
DT.16.10.2023 REGISTERED IN CRIME NO.201/2023 OF
KALABURAGI CHOWK P.S FOR THE OFFENCES PUNISHABLE
U/S. 285, 336 IPC ALONG WITH S.9B OF EXPLOSIVE ACT, 1884
R/W R.74, 83, 127 OF EXPLOSIVES RULES, 2008 AND ALL
FURTHER INVESTIGATION PURSUANT TO THE REGISTRATION
OF FIR AGAINST THE PETITIONER PENDING IN THE FILE OF III
ADDL CIVIL JUDGE AND JMFC KALABURAGI.
IN CRIMINAL PETITION NO.200307 OF 2024
BETWEEN:
SATISH @ SRIPAD
S/O GOPALKRISHNA GHANTOJI,
AGE: 58 YEARS, OCC: BUSINESS,
R/O. H NO.4-212, NEAR HOLIKATTA,
MAKTAMPUR, KALABURAGI-585 102.
...PETITIONER
(BY SRI R. S. LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE SHO.,
KALABURAGI CHOWK PS,
REPTD BY ADDL.STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI-585 102.
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CRL.P No. 200304 of 2024
C/W CRL.P No. 200307 of 2024
CRL.P No. 200309 of 2024
CRL.P No. 200316 of 2024
CRL.P No. 200317 of 2024
2. SHASHIKALA,
AGE: 50 YEARS
OCC: PSI, CHOWK PS.,
KALABURAGI,
R/O.KALABURAGI-585 102.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW THIS CRIMINAL PETITION THEREBY QUASH THE FIR DT
15.10.2023 REGISTERED IN CRIME NO.198/2023 OF
KALABURAGI CHOWK P.S FOR THE OFFENCES PUNISHABLE
U/S.285, 336 IPC ALONG WITH S.9B OF EXPLOSIVE ACT, 1884
R/W R.74, 83, 127 OF EXPLOSIVES RULES, 2008 AND ALL
FURTHER INVESTIGATION PURSUANT TO THE REGISTRATION
OF FIR AGAINST THE PETITIONER PENDING IN THE FILE OF III
ADDL. CIVIL JUDGE AND JMFC KALABURAGI.
IN CRIMINAL PETITION NO.200309 OF 2024
BETWEEN:
MOHAMMAD ARIF
S/O ABDUL LATEEF BELIEF,
AGE: 44 YEARS, OCC: BUSINESS,
R/O. HO.NO.7-514,
MAHADI MOHALLA,
MONINPUR, KALABURAGI-585 102.
...PETITIONER
(BY SRI R.S.LAGALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
THROUGH THE SHO.,
KALABURAGI CHOWK PS,
REPTD BY ADDL.
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
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C/W CRL.P No. 200307 of 2024
CRL.P No. 200309 of 2024
CRL.P No. 200316 of 2024
CRL.P No. 200317 of 2024
KALABURAGI-585 102.
2. GOUSE MOHIDUDDIN,
AGE: 56 YEARS,
OCC: PSI.(L&O) CHOWK PS.,
KALABURAGI,
R/O. KALABURAGI-585 102.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW THIS CRIMINAL PETITION THEREBY QUASH THE FIR DT
12.10.2023 REGISTERED IN CRIME NO.194/2023 OF
KALABURAGI CHOWK P.S FOR THE OFFENCES PUNISHABLE
U/S. 285, 336 IPC ALONG WITH S.9B OF EXPLOSIVE ACT, 1884
R/W R. 74, 83, 127 OF EXPLOSIVES RULES, 2008 AND ALL
FURTHER INVESTIGATION PURSUANT TO THE REGISTRATION
OF FIR AGAINST THE PETITIONER PENDING ON FILE OF III
ADDL CIVIL JUDGE AND JMFC COURT, KALABURAGI.
IN CRIMINAL PETITION NO.200316 OF 2024
BETWEEN:
1. PRABHAKAR S/O RUKKAPPA SONTH,
AGE: 84 YEARS, OCC: BUSINESS,
2. GANESH S/O ORABHAKAR SONTH,
AGE: 46 YEARS, OCC: BUSINESS,
BOTH THE PETITIONERS ARE
R/O.#4-862/B, NEAR BASAVA TEMPLE,
DARGA ROAD, MAKTAMPUR,
KALABURAGI-585 102.
...PETITIONERS
(BY SRI R. S. LAGALI, ADVOCATE)
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CRL.P No. 200316 of 2024
CRL.P No. 200317 of 2024
AND:
1. THE STATE OF KARNATAKA
THROUGH THE SHO.,
KALABURAGI CHOWK PS,
REPTD BY ADDL.
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI-585 102.
2. SOMLING KIRADALLI,
AGE: 50 YEARS,
OCC: PI, KALABURAGI CEN PS.,
I/C.PI BRAHAMPUR PS.,
KALABURAGI, R/O. KALABURAGI-585 102.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW THIS CRIMINAL PETITION THEREBY QUASH THE FIR DT
12.10.2023 REGISTERED IN CRIME NO.206/2023 OF
KALABURAGI BRAHMPUR P.S FOR THE OFFENCES PUNISHABLE
U/S. 286, 336 IPC ALONG WITH S.9B OF EXPLOSIVE ACT, 1884
AND ALL FURTHER INVESTIGATION PURSUANT TO THE
REGISTRATION OF FIR AGAINST THE PETITIONER PENDING ON
FILE OF IV ADDL. CIVIL JUDGE AND JMFC COURT,
KALABURAGI.
IN CRIMINAL PETITION NO.200317 OF 2024
BETWEEN:
ANAND S/O SHIVASHARANAPPA FARATABAD,
AGE: 40 YEARS, OCC: BUSINESS,
R/O. H.NO.4-601/15E, 1st CROSS,
MAHATMA BASAVESHWAR NAGAR,
KALABURAGI-585 102.
...PETITIONER
(BY SRI R. S. LAGALI, ADVOCATE)
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CRL.P No. 200304 of 2024
C/W CRL.P No. 200307 of 2024
CRL.P No. 200309 of 2024
CRL.P No. 200316 of 2024
CRL.P No. 200317 of 2024
AND:
1. THE STATE OF KARNATAKA
THROUGH THE SHO.,
KALABURAGI CHOWK PS,
REPTD BY ADDL.
STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
KALABURAGI-585 102.
2. SHASHIKALA,
AGE: 50 YEARS,
OCC: PSI, CHOWK PS.,
KALABURAGI,
RESIDENT OF KALABURAGI-585 102.
...RESPONDENTS
(BY SMT. ANITA M. REDDY, HCGP)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
ALLOW THIS CRIMINAL PETITION THEREBY QUASH THE FIR DT
14.10.2023 REGISTERED IN CRIME NO.197/2023 OF
KALABURAGI BRAHMPUR P.S FOR THE OFFENCES PUNISHABLE
U/S. 285, 336 IPC ALONG WITH SEC.9B OF EXPLOSIVE ACT,
1884 R/W. R.74J, 83, 127 OF EXPLOSICVES RULES, 2008 AND
ALL FURTHER INVESTIGATION PURSUANT TO THE
REGISTRATION OF FIR AGAINST THE PETITIONER PENDING ON
FILE OF III ADDL. CIVIL JUDGE AND JMFC COURT,
KALABURAGI.
THESE PETITIONS COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
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C/W CRL.P No. 200307 of 2024
CRL.P No. 200309 of 2024
CRL.P No. 200316 of 2024
CRL.P No. 200317 of 2024
ORDER
The petitioners who had a valid licence under the Explosive Act, 1884 and Explosives Rules, 2008 are before this Court under Section 482 of Cr.P.C assailing the FIR registered against them for offences punishable under Sections 285 and 336 of IPC and Section 9B of Explosive Act, 1884 read with Rules 74, 83, 127 of the Explosive Rules, 2008 pending on the file of III Additional Civil Judge and JMFC, Kalaburagi.
2. Heard the learned counsel for the petitioners and learned High Court Government Pleader for respondent/State.
3. Facts leading to filing of these petitions as revealed from the records narrated briefly are :-
Raid was conducted by the PSI attached to the Chowk Police Station, Kalaburagi on four premises situated within the jurisdiction of Chowk Police Station in which crackers, sparklers and other fire works were stored and -8- NC: 2024:KHC-K:3547 CRL.P No. 200304 of 2024 C/W CRL.P No. 200307 of 2024 CRL.P No. 200309 of 2024 CRL.P No. 200316 of 2024 CRL.P No. 200317 of 2024 during the course of raid it was found that though the said premises had a valid licence, the licensee had stored excess quantity of crackers, sparklers etc. in the premises which existed in a density populated area and therefore the crackers, sparklers and other fire works found in the premises were seized and thereafter the PSI had locked the premises and after returning to the police station four separate FIR was registered in Crime No.201/2023, Crime No.198/2023, Crime No.194/2023 and Crime No.197/2023 as against petitioners in Crl.P.No.200304/2024, Crl.P.No.200307/2024, Crl.P.No.200309/2024 and Crl.P.No.200317/2024 respectively. Similarly, the PSI attached to the Brahampur Police had registered Crime No.206/2023 as against the petitioner in Crl.P.No.200316/2024. Being aggrieved by the same, the petitioners are before this Court.
4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that -9- NC: 2024:KHC-K:3547 CRL.P No. 200304 of 2024 C/W CRL.P No. 200307 of 2024 CRL.P No. 200309 of 2024 CRL.P No. 200316 of 2024 CRL.P No. 200317 of 2024 even if the allegations found in the first information are presumed to be true, no case can be made out against the petitioners for offences punishable under Sections 265 and 336 of IPC. He submits that the other offences are non- cognizable and compliance of Section 155(2) of Cr.P.C becomes mandatory. Only to avoid the same, FIR has been registered for offences punishable under Sections 285 and 336 of IPC. He submits that the petitioners had a valid license for the premises in question and therefore for violation of the license conditions the police could not have registered a case.
5. Learned High Court Government Pleader however submits that the petitioners have violated the license conditions. No precautionary measures were taken in the premises in which the fire works were stored and it is under the said circumstances, FIR has been registered. She submits that there are sufficient materials to prove
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6. It is not in dispute that the petitioners herein had a valid license issued by the competent authority for possessing and selling manufactured fire works. In the license it is stated that license is liable to be suspended or revoked for any violation of provisions of the Act or rules framed there under or conditions of the license or if the licensed premises are not found confirming to the description shown in the plans and annexure attached to the license.
7. Rule 74 of the Explosives Rules, 2008 provides for storage of explosives in excess of the licensed quantity. Rule 74(2) of the Explosives Rules, 2008 provides licensing authority may issue a permit for a period not exceeding fifteen days to licenses for storage of explosives in excess of licensed quantity when such authority is satisfied that such excess storage is essential and
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NC: 2024:KHC-K:3547 CRL.P No. 200304 of 2024 C/W CRL.P No. 200307 of 2024 CRL.P No. 200309 of 2024 CRL.P No. 200316 of 2024 CRL.P No. 200317 of 2024 unavoidable due to circumstances beyond control of the licensee. Therefore, it is very clear that even if excess storage is made, on an application filed, the licensing authority can permit excess storage for a limited period. Rule 128 of the Rule provides for power for storage and seizure. The said rule reads as under:
"128. Powers of search and seizure. (1) Any authority specified in column (1) of the Table below may within the jurisdiction specified in the corresponding entry in column (2) of that Table-
(a) enter, inspect and examine any place, aircraft, train, carriage, vessel or any mode of transport in which an explosive is being manufactured, possessed, used, sold, transported, exported or imported under a licence granted under these rules, or in which he has reason to believe that an explosive has been or is being manufactured, possessed, used, sold, transported, exported or imported in contravention of the Act or these rules;
(b) search for explosives or ingredients thereof;
(c) take samples of any explosive or ingredients found therein on payment of the value thereof, if such payment is demanded at the time of the sample are taken;
(d) seize, detain and remove any explosive or ingredients thereof found therein together with connected documents thereof in respect of which he
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Authority Jurisdiction The chief controller or controller All parts of India All District Magistrates Their respective jurisdiction All Executive Magistrates subordinate Their respective jurisdiction to the District Magistrate All Commissioners of Police or Police Their respective jurisdiction Officers of rank not below that of a Sub-Inspector of Police The Director-General of Mines or Their respective jurisdiction officers subordinate to him
(2) Whenever any officer other than the Chief Controller seizes, detains or removes any explosive or ingredients thereof or any connected documents thereof under this rule, he shall forth with report the fact by telegram to the Chief Controller and the Controller under whose jurisdiction where the explosives were seized falls and whenever any officer not being the District Magistrate seizes, detains or removed any explosives or ingredients thereof or any connected documents threreof under this rule, he shall forthwith report the fact by telegram to the district authority concerned.
(3) Whenever any explosives are seized they shall be stored up in an isolated place under adequate guard until examination by the Chief Controller Pub or Controller and receipt of instructions from him as to their disposal.
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NC: 2024:KHC-K:3547 CRL.P No. 200304 of 2024 C/W CRL.P No. 200307 of 2024 CRL.P No. 200309 of 2024 CRL.P No. 200316 of 2024 CRL.P No. 200317 of 2024 (4) Notwithstanding the above, the Executive Magistrates or Police Officers authorized in the table shall carry out inspection of the magazines located within their jurisdiction once in six months in order to ascertain if there has been any violation of the Act or the rules thereof. An assessment regarding adequacy of security guards provided by the licensee at the magazines as per rule 21(2) should also be made during such inspection. A report of such inspection should be submitted to the concerned District Magistrate or Superintendent of Police or Commissioner of Police with a copy to the licensing authority".
8. In the present case, the Sub Inspector has conducted a raid and has seized the fire works on the ground that excess quantity of fire work was stored in premises which was situated in a densely populated area. The allegation is also made that requisite quantity of sand, water and fire extinguishers were not found in the licensed premises. From a reading of Rule 128 of the Explosives Rules, 2008 it is very clear that in the event, the Sub Inspector of police has inspected the licensed premises, the officer was required to report the fact as provided under Rule 128(2) of the Explosives Rules, 2008 to the District authority concerned. A perusal of the material on
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NC: 2024:KHC-K:3547 CRL.P No. 200304 of 2024 C/W CRL.P No. 200307 of 2024 CRL.P No. 200309 of 2024 CRL.P No. 200316 of 2024 CRL.P No. 200317 of 2024 record would go to show that no such exercise has been done in the present case. The explosives found in the licensed premises were also not stored in an isolated place as provided under Rule 128(3) of the Explosives Rules, 2008. On the other hand, the premises were locked down and a case has been registered against the license holders for the aforesaid offences. No action has been taken for the purpose of revocation / cancellation of license which the petitioners held.
9. From the material available on record, it is very clear that there are no sufficient ingredients so as to invoke offences punishable under Sections 285 and 336 of IPC against the petitioners. The competent authority who has issued license under the provisions of Explosive Rules, 2008 is required to carryout inspection of premises for issuing license and he is also required to verify whether necessary precautionary steps have been taken and it is only then the license can be issued under the Explosives
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NC: 2024:KHC-K:3547 CRL.P No. 200304 of 2024 C/W CRL.P No. 200307 of 2024 CRL.P No. 200309 of 2024 CRL.P No. 200316 of 2024 CRL.P No. 200317 of 2024 Act and Rules framed there under. Therefore, it is not open for the Sub Inspector to register a case against the license holders on the ground that premises are situated in a densely populated area. The Sub Inspector of Police would have prepared a report and forwarded the same to the concerned District authority to take appropriate action either for revoking license or for canceling the same, but cannot register a criminal case for the said ground against the licensee. Except the offences punishable under Sections 285 and 336 of IPC, the other offences alleged against the petitioners are non cognizable offences. Undisputedly, the Investigating Officer has not complied the requirements of Section 155(2) of Cr.P.C, in the present case.
10. In the case of STATE OF HARYANA vs BHAJANLAL - 1992 Supp.(1) SCC 335 the Hon'ble Apex Court has held that when the allegation in the first information report and other material, if any,
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11. Under the circumstances, I am of the opinion that the impugned criminal proceedings is allowed to continue would amount to abuse of process of law. Accordingly, the criminal petitions are allowed.
In Crl.P.No.200304/2024, the entire proceedings in Crime No.201/2023 registered by Kalaburagi Chowk Police Station, for the offences punishable under Sections 285, 336 of IPC and Section 9B of Explosives Act, 1884 R/w Rule 74, 83, 127 of Explosives Rules, 2008 is quashed.
In Crl.P.No.200307/2024, the entire proceedings in Crime No.198/2023 registered by Kalaburagi Chowk Police
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In Crl.P.No.200309/2024, the entire proceedings in Crime No.194/2023 registered by Kalaburagi Chowk Police Station, for the offences punishable under Sections 285, 336 of IPC and Section 9B of Explosives Act, 1884 R/w Rule 74, 83, 127 of Explosives Rules, 2008 is quashed.
In Crl.P.No.200316/2024, the entire proceedings in Crime No.206/2023 registered by Brahmapur Police Station, for the offences punishable under Sections 286, 336 of IPC and Section 9B of Explosives Act is quashed.
In Crl.P.No.200317/2024, the entire proceedings in Crime No.197/2023 registered by Kalaburagi Chowk Police Station, for the offences punishable under Sections 285, 336 of IPC and Section 9B of Explosives Act, 1884 R/w Rule 74, 83, 127 of Explosives Rules, 2008 is quashed.
Sd/-
JUDGE SN/NMS List No.: 1 Sl No.: 38