- 1 - NC: 2025:KHC-D:2258 CRL.P No. 100548 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100548 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: SRI. HANUMANTHAPPA S/O. HANUMAPPA ARASANAKERI, AGE. 38 YEARS, OCC. CONTRACTOR, R/O. VANABALLARY VILLAGE, TQ. DIST. KOPPAL-583231. …PETITIONER (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY MUNIRABAD POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SRI. SAIYAD FAZIL AGE. 30 YEARS, OCC. GOVT. OFFICIAL GAZETTED, R/O. GEOLOGIST OF DEPARTMENT OF MINESAND GEOLOGY, DC OFFICE, KOPPAL-583231, TQ. DIST: KOPPAL, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580008. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADVOCATE) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE ORDER DATED 29.08.2022 PASSED BY THE CIVIL JUDGE AND JMFC KOPPAL IN CC NO.2971/2022 THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 9B (2) OF EXPLOSIVE ACT, IN CRIME NO.171/2022 REGISTERED WITH MUNIRABAD POLICE STATION AND ALLOW THE ABOVE CRIMINAL PETITION AS AGAINST PETITIONER/ACCUSED AND ENTIRE PROCEEDINGS. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.07 11:09:23 +0530 - 2 - NC: 2025:KHC-D:2258 CRL.P No. 100548 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned Additional Government Advocate accepts notice for respondents No.1 and 2. 2. The petitioner who is facing charges for the offences under Section 9B(2) of Explosives Act, 1884 is before this Court seeking relief. 3. The prosecution alleges that, the petitioner is granted with a license for stone crushing and also licences to carry out blasting operation. However, in violation of the conditions of the license, the petitioner, carried out blasting of the explosives without giving siren. The offence alleged against the petitioner is non- cognizable, and therefore, the Police before investigating the offence was required to take an order under Section 155(2) of Cr.P.C. 4. In the instant case, the Police without obtaining an order under Section 155(2) Cr.P.C., conducted investigation culminating in taking cognizance of the aforesaid offence, stands vitiated or noncompliance of the mandatory provisions contained in Section 155(2) of Cr.P.C. In such circumstances, the continuation - 3 - NC: 2025:KHC-D:2258 CRL.P No. 100548 of 2025 of the criminal proceedings would amounts to abuse of the process of law. Accordingly, I pass the following: ORDER i) The Criminal petition is allowed ii) The impugned proceedings in C.C.No.2971/2022, pending on the file of the learned Civil Judge and JMFC, Koppal, insofar it relates to the petitioner herein is hereby quashed. One week time granted to file memo of appearance. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 2 Sl No.: 46