ORDER

The petitioner herein is the 1st accused in C.C.No.2093/2017 on the files of the Judicial First Class Magistrate Court II, Thrissur. The offences alleged against the petitioner and other three others in the aforesaid case are for the offences punishable under Section 285, 286, 304(A) read with Section 34 of IPC and under Section 9B(1)(b) of Explosives Act 1884.

2. The allegation against the petitioner in brief is as follows:

The petitioner is the Managing Trustee of Sree Vishnumaya Temple, Avanengad. On 19.02.2016 in connection with the Temple Festival, the petitioner permitted accused Nos.2 to 4 and father of the 1st respondent herein to use a portion of gunpowder which was allocated to the petitioner on the basis of a license secured in this regard and consequent to the rash and negligent use of the same, an explosion took place in the premises, pursuant to which, the father of the 1st respondent suffered burn injuries and he died. Some of the other persons have suffered minor injuries as well.

3. On the basis of the same, Crime No.383/2016 was registered by the Anthikkad Police and after completing the investigation, Annexure B final report was submitted. This Crl.M.C. is filed seeking to quash the aforesaid proceedings. The 1st respondent who is the informant/de facto complainant in the case submitted an affidavit to the effect that, he has no grievances against the petitioner herein and he has no objection in quashing the proceedings against him.

4. Heard Sri.M.Revikrishnan, learned counsel for the petitioner, Sri.N.L. Bitto, learned counsel for the 1st respondent and Sri.Aravind V.

Mathew, learned Public Prosecutor for the State.

5. The specific case advanced by the learned counsel for the petitioner is that, none of the offences alleged against him are attracted. He brought my attention to Annexure C license obtained by him under the Explosives Act which enable him to hold the gunpowder and the same was valid from 10.02.2014 to 31.03.2018. The incident in this case has occurred on 19.02.2016 hence it was pointed out that as on the date of incident he was holding a valid license. It was also pointed out that going by the specific averments contained in Annexure B final report and the statements of witnesses recorded under Section 161 Cr.P.C., the only allegation is with regard to the negligent use of gunpowder by other accused persons and no specific acts are alleged or attributed against the petitioner herein. Merely because of the reason that he happened to be a Trustee of the Temple and licensee, he cannot be roped in the case. 6. The only question that arises is whether any case is made out as against the petitioner herein. The offences alleged are under Section

285, 286, 304 (A) IPC. Sections 285 and 286 read as follows:

“285. Negligent conduct with respect to fire or combustible matter.

Whoever does, with fire or any combustible matter, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any fire or any combustible matter in his possession as is sufficient to guard against any probable danger to human life from such fire or combustible matter, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.

286. Negligent conduct with respect to explosive substance.

Whoever does, with any explosive substance, any act so rashly or negligently as to endanger human life, or to be likely to cause hurt or injury to any other person, or knowingly or negligently omits to take such order with any explosive substance in his possession as is sufficient to guard against any probable danger to human life from that substance, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.”

As far as the