THE HON’BLE SMT. JUSTICE TIRUMALA DEVI EADA CRIMINAL PETITION No.11071 OF 2025

ORDER:

This Criminal Petition is filed by the petitioners – accused Nos.4 to 7 seeking to quash the proceedings in C.C.No.1020 of 2024 on the file of the learned Judicial Magistrate of First Class at Yadadri, Yadadri-Bhuvanagiri District, registered for the offences under Sections 286, 336 and 201 of the Indian Penal Code (for short “IPC”) and Section 9 B (1) (b) of Explosives Act, 1884.

2. Heard the submissions of Sri Papaiah Peddakula, learned counsel representing Mr.M.A.Raheem, learned counsel for the petitioners and Sri Jithender Rao Veeramalla, learned Additional Public Prosecutor for the respondent.

3. The learned petitioners counsel has submitted that the petitioners are innocent and that they never committed any blasting of the boulders by using explosives, and that even if the allegations of the complaint are considered, it is mentioned in the complaint that even before committing the act of explosion, the petitioners were apprehended. Therefore, the contents of complaint also do not reveal any act of usage of explosive material or the act of explosion carried on by the petitioners. He further submitted that the petitioners are the employees, and the possession of the explosive material may be with regard to the owners, but these people acted according to the instructions of their employers, and that they are innocent. He therefore submitted that the allegations do not get attracted against the petitioners, and hence, prayed to quash the proceedings against the petitioners herein.

4. The learned Additional Public Prosecutor has submitted that the petitioners have attempted to use the explosive substances, possessing and using the same also gets attracted as per Section

9B(1) of Explosives Act.

5. Perused the record.

6. Section 9B (1) of Explosives Act is extracted hereunder for the sake of reference:

“9B. Punishment for certain offences.—(1) Whoever, in contravention of rules made under section 5 or of the conditions of a licence granted under the said rules—

(a) manufactures, imports or exports any explosive shall he punishable with imprisonment for a term which may extend to three years, or with fine which may extend to five thousand rupees, or with both;

(b) possesses, uses, sells or transports any explosive shall be punishable with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees or with both; and (c) in any other case, with fine which may extend to one thousand rupees.”

7. The contents of the complaint reveal the presence of the petitioners at the site and that the petitioners herein are accused Nos.4 to 7. It is further made out from the complaint that under the instructions of the Directors of the venture, the petitioners have brought the compressor tractor to the site and drilled about 15 holes into the rocks and loaded them with gelatin sticks and detonators and the connections were also made using the connecting wires and everything was prepared for detonation, when they were apprehended by the police.

8. Thus, the allegations point out an offence under Section 9B(1)(b) of the Explosives Act, and the strength of the evidence can be evaluated before the trial Court. Hence, it is deemed appropriate to dispose of the petition by dispensing with the attendance of the petitioners before the trial Court.

9. In the result, the Criminal Petition is disposed of dispensing with the attendance of the petitioners before the trial Court, unless their presence is specifically required by the trial Court during the course of trial, provided that they shall be represented by their counsel on every date of hearing.

Miscellaneous applications pending, if any, shall stand closed.

____________________________ JUSTICE TIRUMALA DEVI EADA Date: 16.09.2025 ns