- 1 - NC: 2025:KHC:11974 CRL.P No. 141 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 141 OF 2024 BETWEEN: 1. SRI G JOHN GLEETUS AGED ABOUT 61 YEARS S/O K J GEORGE R/AT NO.62, JAYAMUNINAGAR, NITTE MEENAKSHI COLLEGE ROAD BSF CAMPUS, YELAHANKA BANGALORE - 560 063. …PETITIONER (BY SRI. MUNISWAMY GOWDA S.G., ADVOCATE) AND: 1. STATE OF KARNATAKA BY YELAHANKA POLICE STATION BENGALURU-560 064 REPRESENTED BY SPP HIGH COURT BUILDING BENGALURU- 560 001. 2. SRI NARAYANA D L AGED ABOUT 45 YEARS HEALTH VIGILANCE OFFICER, WARD NO.1, KEMPE GOWDA YELAHANKA, BENGALURU-560 064. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; NOTICE TO R2 IS D/W) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR IN CR.NO.437/2023 OF YELAHANKA POLICE STATION, ON THE FILE OF THE XXXVII A.C.M.M COURT AT BENGALURU REGISTERED FOR THE OFFENCE P/U/S 9B(b) OF EXPLOSIVES Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:11974 CRL.P No. 141 of 2024 ACT AND SECTION 286 OF IPC SO FAR IN RESPECT OF THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioner challenges the registration of the FIR for offences punishable under Section 9B(b) of the Explosives Act, 1884, and Section 286 of the Indian Penal Code (IPC). 2. Respondent No.2 lodged the FIR, alleging that the petitioner was engaged in selling and storing firecrackers in a shop without obtaining a no-objection certificate from the Bruhat Bengaluru Mahanagara Palike (BBMP). 3. Heard the learned counsel for the petitioner and learned high court government pleader. 4. The petitioner has annexed a copy of the license issued by the Deputy Chief Controller of Explosives, granting permission for the possession and sale of firecrackers in the specified shop. This license is valid until 31.03.2024 and has been extended for a period of five years. There is no requirement under the provisions of the Explosives Act or its Rules to obtain a no-objection - 3 - NC: 2025:KHC:11974 CRL.P No. 141 of 2024 certificate from the BBMP for the possession and sale of firecrackers. Therefore, the absence of such a certificate does not contravene Section 9B(b) of the Explosives Act, 1884, or Section 286 of the IPC. 5. In these circumstances, the registration of the FIR lacks authority, and the continuation of the investigation would constitute an abuse of the process of law. 6. Accordingly, the petition is allowed. The impugned FIR in Crime No.437/2023, registered by the Yelahanka Police Station, is hereby quashed. 7. I.A.No.1/2025 does not survive for consideration and stands disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 3 Sl No.: 1