N. PARTHASARATHI Vs. STATE

JUDGEMENT

(1.) The petitioners No. 1 and 2 arraigned as Accused Nos. 1 and 2 in Crime No. 57/2017 registered by the Nandagudi Police Station, Bengaluru, whereby these accused are seeking quashment of the Criminal Proceedings initiated against them in Crime No. 57/2017 for the offences punishable under Ss. 5 and 9B of Explosive Act, 1884, Ss. (sic Rules) 43 and 44 of the Karnataka Minor Mineral Concession Rules, 1994, Ss. 4(1A) and 4(1) of the Mines and Minerals (Regulation of Development) Act, 1957 and so also the offence under Sec. 286 of IPC, 1860 which is pending before the Court of Addl. Civil Judge (Jr. Dvn.) and JMFC, Hoskote, Bengaluru Rural District.

(2.) Heard the learned senior Counsel Sri Y.R. Sadashiva Reddy for the petitioners who is appearing through video conferencing and so also the Counsel for respondent No. 2 Sri Lethif B & the learned Government Pleader for respondent No. 1 who are present before the Court physically, for quashment of the proceedings.

(3.) Whereas, the learned senior Counsel for the petitioners has taken me through the initiation of the crime against the accused by the first respondent police submitted that the petitioners are no way concerned with the alleged crime arraigned as accused relating to blasting of the rocks and they have entered into an agreement between one S.L.N. Company who is having the licence for blasting of rocks and if any blast were made by the agreement holder who is responsible for any incident, but in the complaint a specific allegation made against the accused. In the report, it has observed that the Government Primary School of Huluvanahalli and Beerahalli village is located at a distance of 400 mtrs. and 500 mtrs. respectively from Chennakeshava Stone Crushers. It has also further observed from M/s. Mookambika Stone Crushers nearest lease boundary at a distance of about 300 mtrs. and 500 mtrs. respectively. In addition to the private building belongs to one Narayanappa Oblahalli is also located at a distance of 600 mtrs. from the nearest lease boundary. But the complainant registered a case against the accused with the influence of persons those who are inimical terms towards them and because of the reason the case in Crime No. 57/2017 came to be registered for the offences which reflective in the FIR said to have been recorded by Nandagudi P.S.