THE HONOURABLE SMT.JUSTICE TIRUMALA DEVI EADA

ORDER:

This Criminal Petition is filed by the petitioner-accused No.1 seeking quash the proceedings in SC No.573 of 2018 on the file of Additional Assistant Sessions Judge, Ranga Reddy, L.B. Nagar for the offences under Sections 338 IPC and 3 and 5 of Explosive Substances Act, 1908.

2. Heard Mr.Munuga Sateesh, learned counsel for the petitioner and Mr. Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent No.2-State.

3. Learned counsel for the petitioner has submitted that the petitioner is accused No.1 and he is a civil contractor, carrying out blasting of rocks as per the works entrusted by the GHMC. The contract order of the GHMC is in favour of Kaveri Polymers and that neither the main contractor nor the GHMC are made as accused in the case and it is only the petitioner herein, who is a civil contractor, is facing the false allegations and hence, prayed to quash the proceedings.

4. Learned Additional Public Prosecutor has submitted that it is the Kaveri Polymers, which entered into a contract with the GHMC, but the stamp paper on which the said agreement deed is written, is purchased by the petitioner for Kaveri Polymers. He further submitted that since the petitioner is associated with Kaveri Polymers and the blasting operations were carried on under his supervision, the petitioner is arrayed as accused No.1 and therefore, he prayed to dismiss the petition.

5. Perused the record.

6. The petitioner is alleged to have involved in causing grievous hurt to LWs.9 and 10 by using explosive substances for blasting the rocks without having any permission from the concerned authorities and without taking any precautionary measures at the time of blasting. Thus, prima facie the allegations point out the offences under Sections 338 IPC and 3 and 5 of Explosive Substances Act, 1908 against the petitioner herein. LWs.2 to 9 are listed as eye-witnesses, while LW.10 is shown to be the injured witness. LW.15 is the doctor, who issued Medical Certificate on treating LW.10. Further, the agreement bond submitted by the petitioner points out that there is an agreement between Kaveri Polymers and the GHMC to carry out the contract works and the said stamp paper is purchased by the petitioner herein. Thus, it shows that the petitioner is associated with the Kaveri Polymers, which strengthens the argument of the learned Additional Public Prosecutor. Thus, the veracity of the witnesses and the truth or otherwise in the allegations can be tested during the course of trial. Hence, it is deemed appropriate to dispose of the petition by directing the trial court to dispose of the matter at the earliest and by dispensing with the attendance of the petitioner before the trial court.

7. Accordingly, the Criminal Petition is disposed of directing the trial court to dispose of the case at the earliest and dispensing with the attendance of the petitioner before the trial court, provided he is represented by a counsel before the trial court on every date of hearing and he shall appear before the trial court whenever his presence is required during the course of trial.

Miscellaneous Petitions, if any pending, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA November 10, 2025 KTL