MANESH THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioners are accused in Crime No.2563/2018 of Nemom Police Station for having allegedly committed offences punishable under Section 188 IPC and Section 9B(1)(b) of the Explosives Act, 1884. The petitioners seek interference of this Court invoking the provisions under Section 482 Cr.PC to quash the FIR at Annexure- A2. The first petitioner is the Managing Partner of a quarry and holds Annexure-A1 valid licence to conduct blasting operations in connection with the quarrying activities. The second petitioner is his manager.

(2.) Prosecution case is that on 2.11.2018 the petitioners conducted blasting operations in their quarry situated close to the buffer zone of the Army Firing Range in violation of the judgment in WP(C) No.25602/2009 at Annexure-A3, and thereby committed an offence punishable under Section 188 IPC and under Section 9B(1)(b) of the Explosives Act.

(3.) The petitioners challenge the prosecution on two grounds. First, that they do have a valid licence, and secondly, that there is non compliance of section 195(a) Cr.PC for the reason that the complaint was not filed by the public servant, whose lawful authority was violated.