THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT AND FIR VIDE ANNEXJRE-C AND CHARGE SHEET VIDE ANNEXURE-D AGAINST THE PETITIONER NO.1 AND 2/ACCUSED NO.1 AND 2 FOR THE OFFENCES U/SEC. 286, 336 OF IPC R/W U/SEC. 9B(b) OF EXPLOSIVES ACT 1884 IN CC NO. 333/2024 (KOPPAL TOWN P.S. CRIME NO. 114/2023) ON THE FILE OF SR. CIVIL JUDGE AND CJM AT KOPPAL AND VOID; AND ETC.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

ORAL ORDER

This petition is filed by accused Nos.1 and 2 under Section 482 of Cr.P.C praying to quash the complaint, FIR, charge sheet in C.C.No.333 of 2024 arising out of Crime No.114/2023 of Koppal Town Police Station pending on the file of Senior Civil Judge and CJM, Koppal.

Heard learned counsels for petitioners and learned High Court Government Pleader for the respondent –State.

Learned counsel for petitioners would contend that on inspection of premises of petitioners, a complaint came to be registered in Crime No.114/2023 of Koppal Town Police Station for offences punishable under Sections 286, 336 of IPC read with Section 9B(b) of Explosive Act, 1884. He further submits that as per averments of the complaint, petitioners have stored fire crackers without holding any license. Subsequently, during the investigation, petitioners have produced license to possess fire crackers and thereafter, the Investigating Officer has filed charge sheet stating that petitioners have violated the conditions imposed in the license. Conditions are enumerated on the back page of the license and there is no violation of the conditions noted therein. He further submits that one of the petitioner was present at the time of inspection and he was arranging the firecrackers in a proper manner and therefore the allegation that firecrackers were not properly arranged is premature. Considering the said aspects, offences against petitioners are not attracted. With these, he prays to quash the proceedings against petitioners.

Per contra, learned High Court Government Pleader for the respondent –State would contend that petitioners have violated the conditions imposed in the license. Petitioners have not taken safety measures like opening the exit door and not arranging firecrackers in proper manner. The charge sheet materials clearly shows prima facie case against petitioners for offences alleged against them. With these, he prays to dismiss the petition.

Having heard learned counsels, the Court has perused the charge sheet and other materials placed on record.

Police Inspector, Koppal Town Police Station has inspected the premises of petitioners, wherein they are found to have stored 198 kg of fire crackers and complaint is made in that regard as having stored said firecrackers without license. The FIR has been registered in Crime No,.114/2023 of Koppal Twon Police Station for offence punishable under Sections 286, 336 of IPC read with Section 9B(b) of Explosive Act, 1884. Petitioners have placed on record license issued to petitioner No.2 –accused No.2 for possessing fire works is 300 kg and Chinese Crackers and/or sparklers is 1200 kg. The said license was valid till 31.03.2024. Petitioners have placed the said license before the Investigating Office. Subsequently, the Investigating Officer has filed charge sheet not for possessing of fire crackers without license but for violating the conditions of the license for offences under Section 286 of IPC read with 9B(b) of Explosives Act, 1884.

On perusal of Cl.No.17 of the charge sheet, there is no exit door in the place where the fire crackers are stored and fire crackers are not arranged propery as per Section 79 of Explosives Act, 1884. Conditions of license are enumerated in the back page of the licenses. In the said conditions there is no such condition to have exit door in the place where fire crackers are