- 1 - NC: 2025:KHC-D:3406 CRL.P No. 101357 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101357 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MAHENDRA LAL S/O. BHANWARLAL GURJAR AGE. 32 YEARS, OCC. BLASTING OPERATION SERVICE, R/O. MAHAVEER CIRCLE, POST. INDI-586209, TQ. INDI, DIST. VIJAYAPUR. 2. NANDALAL S/O. RAJUJI GURJAR AGE. 36 YEARS, OCC. BLASTING OPERATION SERVICE, R/O. MAHAVEER CIRCLE, POST. INDI-586209, TQ. INDI, DIST. VIJAYAPUR. …PETITIONERS (BY SRI. PRASHANT S.KADADEVAR, ADVOCATE) AND: THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH THROUGH AMENGAD PS. …RESPONDENT (BY SRI. T.HANUMAREDDY, AGA) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.429/2021 (OLD CC NO.1241/2017) (CRIME NO.141/2016) FOR THE OFFENCES PUNISHABLE U/S 9(B) OF EXPLOSIVE ACT, 1884 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, HUNGUND. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 17:16:25 +0530 - 2 - NC: 2025:KHC-D:3406 CRL.P No. 101357 of 2022 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners have been charge-sheeted for the offence punishable under Section 9(B) of the Explosives Act, 1884. 2. The prosecution’s case is that petitioners – accused Nos. 1 and 2 – were in possession of explosives for blasting operations in Sy.No.277/4 without a valid license. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent–State. 4. Section 6B of the Explosives Act, 1884, deals with the grant of licenses and states that a person must apply for a license. 5. Rule 107 of the Explosives Rules, 2008, governs the grant of licenses and certificates. It states that the licensing authority, upon being satisfied with the documents submitted and after conducting any necessary enquiries, shall either grant or refuse the license by a written order, subject to the provisions of the Act and rules. 6. In accordance with Rule 107 of the 2008 Rules, the licensing authority granted the petitioners a license to possess explosives for blasting operations, valid until 2024. However, the police have filed a charge sheet alleging that the petitioners possessed explosives for blasting operations without a license. This allegation is baseless, as the petitioners have been duly granted a license by the competent authority. - 3 - NC: 2025:KHC-D:3406 CRL.P No. 101357 of 2022 7. In such circumstances, continuing the criminal proceedings would amount to an abuse of the legal process. Accordingly, the petition is allowed, and the impugned proceedings in CC No.429/2021 (Old CC No.1241/2017) (Crime No.141/2016), pending before the learned Senior Civil Judge and JMFC, Hungund, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 2 Sl No.: 1