MONI THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) This is an application filed by the petitioner, who is the sole accused in C.C.No.135/2013 on the file of the Judicial First Class Magistrate Court-Thiruvalla to quash the proceedings under Section 482 of Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioner is a dealer in fire works with valid licence from the concerned authorities since 1995 and his licence is being renewed from time to time which is evident from Annexure I. While the petitioner's application for renewal was filed before the expiry of the licence and pending consideration, second respondent inspected the place and registered crime under Section 9 (B) 1 (b) of Explosives Act and after investigation Annexure-2 final report was also filed against the petitioner.Though the investigating officer was convinced that the petitioner is entitled to get the benefit of deemed licence under Rule 112 (5) of the Explosive Rules, 2008, ignoring the same, the final report has been filed. In fact the petition for renewal was filed long before the expiry of the licence and it was later renewed. So the charge against the petitioner will not lie and proceeding with the case is only an abuse of process of the court. So he has no other remedy except to approach this court with the following reliefs:

(3.) Originally the District Magistrate and District Collector, Pathanamthitta was not a party to the proceedings, who is the licensing authority and as per order in Crl.M.A.No.2279/2014, he was also impleaded as additional third respondent. As directed by this court, the Senior Superintendent of the Office of the District Collector filed a statement regarding the factum of application for renewal etc. which reads as follows: