- 1 - NC: 2025:KHC-D:1113 CRL.P No. 100048 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100048 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: GURUPRASAD S/O. VASUDEVARAJ ITAGI AGE. 50 YEARS, OCC. BUSINESS, R/O. B.T.PATIL NAGARA, TQ. AND DIST. KOPPAL-583231. …PETITIONER (BY SRI. K.L. PATIL, ADVOCATE) AND: THE STATE OF KARNATAKA THROUGH KOPPAL RURAL POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHAWAD BENCH, DHARWAD-580011. …RESPONDENT (BY SRI. ASHOK T. KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE CHARGE SHEET AGAINST THE PETITIONER/ACCUSED IN KOPPAL RURAL POLICE STATION CRIME NO.162/2023 WHICH IS REGISTERED AS CC NO.1052/2024 ON THE FILE OF ADDL.CIVIL JUDGE AND JMFC, KOPPAL FOR OFFENCES PUNISHABLE U/S 336 AND 286 OF IPC, R/W SECTION 9B (b) OF THE EXPLOSIVE ACT 1884. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.23 11:46:56 +0530 - 2 - NC: 2025:KHC-D:1113 CRL.P No. 100048 of 2025 ORAL ORDER The cognizance taken of the offences punishable under Sections 286, 336 and Section 9B(b) of the Explosive Act, 1884 is impugned in this petition. 2. The case of the prosecution is that the petitioner had stored fire crackers in the shop belonging to him without license granted by the competent Authority under the Explosive Act, 1884. The learned Magistrate after accepting the charge sheet took the cognizance of the aforesaid offences, and issued summons. 3. Heard the learned counsel for the petitioner – accused and the learned Additional Government Advocate for the respondent – State. 4. The charge sheet is laid alleging that the petitioner – accused without obtaining license was in possession of the explosive substances in contravention of Section 9B of the Explosive Act, 1984. The Explosive Substances Act, 1908 was enacted to amend the law relating to explosives substances. 5. Section 7 of the said Act, 1908 specifies that no Court shall proceed to trial of any person for an offence against this Act except with the consent of the District Magistrate. In otherwords, the cognizance can be taken by the learned Magistrate for the offence punishable under the provisions of the Act, 1908 only with prior permission from the District Magistrate. In the instant case, the learned Magistrate in the absence of any permission granted by the District Magistrate has taken the cognizance, and the same - 3 - NC: 2025:KHC-D:1113 CRL.P No. 100048 of 2025 stands vitiated for non-compliance of mandatory provision contained in Section 7 of the Act, 1908. Accordingly, I pass the following: ORDER i) The petition stands allowed. ii) The impugned proceedings in CC No.1052/2024 pending on the file of the learned Addl. Civil Judge and JMFC, Koppal, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE Bkm Ct:vh List No.: 3 Sl No.: 20