Document Fragment View
Fragment Information
Showing contexts for: 9b explosive act in Sri.Kiran.G.U vs The State Of Karnataka on 14 June, 2023Matching Fragments
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 NC: 2023:KHC:20466 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."