Ramakrishna Shetty vs State of Karnataka

-1-

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 15TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI WRIT PETITION NO. 10787 OF 2021 (GM-RES) BETWEEN: RAMAKRISHNA SHETTY S/O CHANDAYYA SHETTY AGED ABOUT 61 YEARS BUSINESS (SENIOR CITIZEN BENEFIT NOT CLAIMED) BOTTA HOUSE, NEERE POST-574102 KARKALA TALUKA, UDUPI DISTRICT …PETITIONER (BY SRI. RAVINDRA GAJANAN KOLLE, ADVOCATE) AND:

Digitally    1.    STATE OF KARNATAKA
signed by          REP BY ITS CHIEF SECRETARY
REKHA R            VIDHANA SOUDHA
Location:          BENGALURU-560001

High Court of Karnataka 2. THE SECRETARY TO GOVT DEPT OF COMMERCE AND INDUSTRIES VIKAS SOUDHA BENGALURU-560001

3. THE DIRECTOR AND COMMISSIONER DEPARTMENT OF MINES AND GEOLOGY KHANIJA BHAVAN, RACE COURSE ROAD BENGALURU-560001 -2-

4. THE SENIOR GEOLOGIST DEPARTMENT OF MINES AND GEOLOGY RAJATADRI, A BLOCK, I FLOOR, MANIPAL, UDUPI-576104

5. THE STATION HOUSE OFFICER KARKALA TOWN POLICE STATION KARKALA-574104, UDUPI DIST

6. ADDITIONAL SUPERINTENDENT OF POLICE

KARKALA TOWN POLICE STATION, KARKALA-574104, UDUPI DISTRICT …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1 TO R6) THIS W.P IS FILED UNDER ARTICLES 226 & 227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH OR SET ASIDE THE COMPLAINT DTD.20.3.2019 FILED BY R-6 ASP AND ALSO FIR DTD.20.3.2019 REGISTERED BY R-5, SHO PRODUCED AT ANENXURE-A AND B RESPECTIVELY PERTAINING TO KARKALA TOWN POLICE STATION AT CRIME NO.39/2019 AND ETC., THIS PETITION, COMING ON FOR FURTHER HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

ORAL ORDER

Petitioner who is arraigned as accused has filed this petition under Section 482 of Cr.P.C r/w Article 226 and 227 of the Constitution of India, to quash the criminal proceedings initiated against him in Cr.No.39/2019. -3-

2. In support of the petition, the petitioner has contended that based on the complaint filed by the Assistant Superintendent of Police, Karkala sub-division,

Udupi district, the Karkala town police have registered a case in Cr.No.39/2019 for the offences punishable under Sections 9B (1) (b) of the Explosives Act 1884, Section 5 of Explosive Substances Act 1908 and Rule 113 of Explosive Rules, 2008 against 7 persons, including the petitioner. 2.1 Since the offences are non-cognizable, the case ought not to have been registered without the permission of the Magistrate. Since petitioner was a building stones quarry lease holder, the explosive were under his control for a lawful object and as such complaint is not maintainable. Rule 113 of the Explosive Rules 2008 has no application. Even after lapse of six months of registering the complaint, the investigating officer has failed to submit charge sheet as required under law. Therefore, continuation of the criminal proceedings against the -4- petitioner would amount to abuse of the process of the Court and pray to allow the petition and quash the criminal proceedings.

3. On the other hand, learning High Court Government Pleader submitted that on 20.03.2019 at 4.00 p.m, Assistant Superintendent of Police, Karkala sub-

division received credible information that at "Sri Mahaganapathy Stone Crusher quarry", Erlapadi, belonging to Ramakrishna Shetty, some persons have collected explosive to crush the stones in the quarry without holding proper license. Immediately he summoned Karkala Circle Inspector Halamurthy Rao, Karkal town PSI Nanja Naik and Village Accountants, Taresh of Erlapadi and Vasant of Byluru and apprised them about the complaint. He served the notice on Panchas.

4. All of them reached the spot and found six persons making an arrangement to blast a boulder. They were able to apprehend two of them, viz., Baiju and -5-

Nawaz. They disclosed that the explosives were brought by petitioner Ramakrishna Shetty and they were making arrangement for blasting the boulder. The explosives were seized through Mahazar along with machineries and material used for blasting. He filed a complaint with the rural police and it is registered in Cr.No.39/2019 and investigation is taken up. There is prima facie material to proceed against the petitioner and others and pray to dismiss the petition.

5. Heard arguments and perused the record.

6. Thus, the specific allegations against petitioner

and others are that they had collected explosive for blasting boulders at Sri Mahaganapathy Stone Crusher quarry without possessing valid license. However, the documents produced by the petitioner indicate that he is possessing quarry Lease/License dated 14.03.2017. It is valid up to 11.01.2027. He has also produced copy of deemed extension order dated 14.03.2017. He is also

-6-

holding an agreement with Sri Hari, S/o Sudhakar Reddy Proprietor of M/s Sri Balaji Enterprises, who is holding a valid explosive license. Prima facie, the petitioner has demonstrated that he is not only holding a Quarry license, but also an agreement with Sri Balaji Enterprises, who is holding explosive license. Therefore, the allegations that petitioner was not holding a quarry license and also explosives were used by persons not holding license is incorrect.

7. In the light of the above discussion, the initiation

of criminal proceedings against the petitioner would amount to abuse of the process of the Court and as such liable to be quashed and accordingly, the following:

ORDER

(i) Petition filed by the accused under Section 482 Cr.PC r/w Article 226 and 227 of the Constitution of India is hereby allowed.

(ii) The complaint filed by 6th respondent Assistant Superintendent of Police, Karakala -7-

and FIR dated 20.03.2019 registered by 5th respondent SHO of Karkala Town Police in Cr.No.39/2019 for the offences punishable under Sections 9B (1) (b) of the Explosives Act 1884, Section 5 of Explosive Substances Act 1908 and Rule 113 of Explosive Rules, 2008 is hereby quashed so far as accused is concerned.

(iii) The petitioner shall approach the trial court for release of the property. Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 30