Telangana High Court
Akkenapally Shiva Teja vs The State Of Telangana on 7 June, 2024
THE HONOURABLE SMT JUSTICE K. SUJANA
CRIMINAL PETITION No.4347 OF 2024
ORDER:
This Criminal Petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') to quash the proceedings against the petitioners/accused Nos.1 to 4 in PRC.No.23 of 2023 pending on the file of the Principal Judicial Magistrate of First Class, at Bhongir, registered for the offences punishable under Sections 9 (B) (i) (b) of the Explosives Act 1884 (for short 'Act 1884') and Section 5 of the Explosive Substances Act, 1908 (for short 'Act, 1908').
2. The brief facts of the case are that the respondent No.2/de facto complainant lodged a complaint stating that on receipt of credible investigation, along with his staff, he raided M/s. Vishanath Agencies and found two rooms with RCC roof wherein, 50 kgs and 25 kgs of Ammonium Nitrate bags were stored without any fire safety precautions. The owner of the said agency recorded his confession in the presence of two mediators whereunder, he stated that his father has been doing the business of Ammonium Nitrate since 20 years and has established the said company for which in accordance with the 2 SKS,J Crl.P.No.4347 OF 2024 guidelines of Ammonium Nitrate Rules - 2012 he also holds license vide No.A/HQ/TG/P3/76 (A2152) obtained in the year 2017 from the Chief Contractor of Explosives, Nagpur. Further, his go down storage capacity is 400 metric tons i.e., four lakhs kgs but he has purchased excess material and stored the same in his go down illegally without taking proper precautionary measures for the purpose of supplying the same to the needy dealers.
3. Heard Sri B.Chandrasen Reddy, learned senior counsel representing Sri B.Vamshidhar Reddy, learned counsel for the petitioner/accused, and Sri S.Ganesh, learned Assistant Public Prosecutor, appearing for the respondents - State.
4. Learned senior counsel for the petitioner submitted that the petitioner holds a valid license bearing No.A/HQ/TG/T3/76 (2152) under Ammonium Nitrate Rules, 2012 for the purpose of possession and sale of Ammonium Nitrate, and the said license is valid till 31.03.2022. He asserted that as on the date of raid i.e., 29.10.2019 the petitioner has already made an application dated 07.10.2019 requesting to grant him permission to increase the capacity of storage of Ammonium Nitrate from 400 metric tones to 600 metric tons and the same is pending 3 SKS,J Crl.P.No.4347 OF 2024 approval. He contended that the Police, in collusion with the local competitors have falsely implicated the petitioner in the present case with an intention to ruin his professional image. Therefore, prayed this Court to quash the proceedings against the petitioner.
5. On the other hand, the learned Assistant Public Prosecutor submitted that the averments of the complaint would show that the petitioner stored 50 kgs and 25 kgs of Ammonium Nitrate bags in his go down without any safety precautions. He contended that the same can be used for anti social elements like maoists, extremists, terrorists and factionists. He reiterated that there are serious allegations levelled against the petitioner, as such, the matter requires trial. Therefore, prayed the Court to dismiss the petition.
6. Having regard to the rival submissions made and on going through the material placed on record, it is pertinent to note that to quash the proceedings under Section 482 of Cr.P.C, the Court has to see whether the averments in the complaint prima facie shows that it constitute the offence against the accused persons, as alleged by the Police.
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SKS,J Crl.P.No.4347 OF 2024
7. That being so, it is imperative to note the judgment of the Hon'ble Supreme Court in State of Madhya Pradesh vs. Surendra Kori 1, wherein in paragraph No.14 it is held as follows:
"The High Court in exercise of its powers under Section 482 Cr.P.C. does not function as a Court of appeal or revision. This Court has, in several judgments, held that the inherent jurisdiction under Section 482 Cr.P.C., though wide, has to be used sparingly, carefully and with caution. The High Court, under Section 482 Cr.P.C., should normally refrain from giving a prima facie decision in a case where the entire facts are incomplete and hazy, more so when the evidence has not been collected and produced before the Court and the issues involved, whether factual or legal, are of wide magnitude and cannot be seen in their true perspective without sufficient material."
8. In the present case, though the petitioner/accused contends that he holds a valid license for possessing and storing Ammonium Nitrate and that he has also made a representation to the authorities to increase the capacity of storage from 400 1 (2012) 10 Supreme Court Cases 155 5 SKS,J Crl.P.No.4347 OF 2024 metric tones to 600 metric tones, this Court is of the opinion that the same cannot be a ground to quash the proceedings initiated against him. Admittedly, the petitioner has stored more quantity of ammonium nitrate than the permission granted to him. Though it is contended that the petitioner has given a representation to store the excess quantity of ammonium nitrate, it is seen that before the said representation was accepted, he has stored excess quantity of ammonium nitrate in his godown that was beyond its capacity. Further, the Hon'ble Supreme Court in the case of Ajay Kumar Das Vs. State of Jharkhand and Others 2 has observed that the genuineness of the allegations raised is an issue to be tried and the Court in exercise of jurisdiction under Section 482 of Cr.P.C., cannot delve into such factual controversies so as to quash the proceedings.
9. In view of the above discussion and having regard to the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh (supra), this Court is of the opinion that the matter requires full-fledged trial and there are no merits in the criminal petition to quash the proceedings against the petitioner/accused and the same is liable to be dismissed. 2 (2011) 12 SCC 319 6 SKS,J Crl.P.No.4347 OF 2024
10. Accordingly, the criminal petition is dismissed.
Miscellaneous applications, if any pending, shall also stand closed.
_______________ K. SUJANA, J Date:07.06.2024 PT