- 1 - HC-KAR NC: 2025:KHC-K:3592 CRL.P No. 200909 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 2ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO. 200909 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SANGANNA S/O ADIVEPPAGOUDA BIRADAR, AGE: 25 YEARS, OCC: DRIVER, R/O. BANNATTI VILLAGE, TQ. SINDAGI, DIST. VIJAYAPURA-586128. 2. MAHANTGOUDA S/O ADIVEPPAGOUDA BIRADAR, AGE: 34 YEARS, OCC: BUSINESS, R/O. BANNATTI VILLAGE, TQ. SINDAGI, DIST. VIJAYAPURA-586128. …PETITIONERS (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH FARHATABAD POLICE STATION, DIST. KALABURAGI, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3592 CRL.P No. 200909 of 2025 NOW REPRESENTED BY, ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. …RESPONDENT (BY SRI JAMADAR SHAHABUDDIN, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.(OLD)/UNDER SECTION 528 OF BNSS, 2023(NEW), PRAYING TO EXAMINE THE RECORDS AND QUASH THE PROCEEDINGS IN S.C. NO.129/2024 (CRIME NO.156/2019 OF FARAHATABAD POLICE STATION, DIST. KALABURAGI), FOR THE OFFENCES UNDER SECTIONS 3, 4, 5 AND 6 OF INDIAN EXPLOSIVES SUBSTANCES ACT, 1908, NOW PENDING ON THE FILE OF 1ST ADDL. DISTRICT AND SESSIONS COURT, KALABURAGI. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard learned counsel Sri Avinash A. Uplaonkar for the petitioners and learned High Court Government Pleader Sri Jamadar Shahabuddin for the respondent- State. - 3 - HC-KAR NC: 2025:KHC-K:3592 CRL.P No. 200909 of 2025 2. This petition is filed by the accused under Section 528 of BNSS, 2023, with the following: “WHEREFORE, it is prayed that the Hon'ble Court be pleased to exercise the inherent powers U/sec.528 of BNSS 2023 examine the records and pleased to quash the proceedings in SC.No.129/2024 (Crime.No.156/2019 of Farahatabad Police Station, Dist: Kalaburagi), for the offences U/sec. 3, 4, 5 and 6 of Indian Explosives Substances Act, 1908, is pending on the file of 1st Addl. District and Sessions Court at Kalaburagi, in the interest of justice.” 3. Facts in brief, which are utmost necessary for disposal of the present petition, are as under: 3.1 Sri M.B. Chikkannanavar, Police Inspector lodged a report with Ferhatabad Police Station, which was registered in Crime No.156/2019 on 24.12.2019 for the offences punishable under Sections 3, 4, 5 and 6 of Explosive Substances Act, 1908. - 4 - HC-KAR NC: 2025:KHC-K:3592 CRL.P No. 200909 of 2025 3.2 Gist of the report would reveal that on 24.12.2019 at about 00.30 hours when the said M.B. Chikkannanavar along with his sub-staff was on patrolling duty, intercepted a Bolero pickup jeep and noted that Ammonium Nitrate was being carried in the said Bolero Jeep without proper pass or permit. As such, he seized the vehicle along with the explosive substances and lodged the report. 3.3 Based on the report, the Station House Officer registered a case and after investigation filed charge- sheet. 3.4 Learned Trial Judge on receipt of charge-sheet took cognizance and has directed the office to register a criminal case and proceeded with criminal case. Order taking cognizance and registering the case is called in question in this petition. 4. Sri Avinash A. Uplaonkar, learned counsel, would contend that when the offences under the - 5 - HC-KAR NC: 2025:KHC-K:3592 CRL.P No. 200909 of 2025 provisions of 3, 4, 5 and 6 of Explosive Substances Act are alleged, before filing charge-sheet necessary sanction order to prosecute the accused is to be obtained from the District Magistrate/Deputy Commissioner. 5. Without such an order of sanction, the Trial Magistrate is not entitled to take the cognizance of the offences and since such procedure is not followed in the case on hand, order taking cognizance and registering the criminal case has resulted in miscarriage of justice and sought for allowing the petition. 6. Learned High Court Government Pleader Sri Jamadar Shahabuddin on verification of the records submits that no such sanction order is obtained before filing charge-sheet. 7. Having heard the arguments on both sides, this Court perused the material on record meticulously. - 6 - HC-KAR NC: 2025:KHC-K:3592 CRL.P No. 200909 of 2025 8. On such perusal of the material on record, this Court is satisfied that the order taking cognizance without sanction order and registering the criminal case has resulted in miscarriage of justice and needs interference. Hence, the following: ORDER i) The petition is allowed. ii) Order taking cognizance and registering the criminal case is hereby set aside. iii) However, if the proper sanction order is obtained and placed before the learned Trial Magistrate, the Trial Magistrate is entitled to proceed with the case in accordance with law. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 47 CT:PK