IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 15TH SEPTEMBER 2010 / 24TH BHADRA 1932 Crl.MC.No. 1637 of 2010(B) -------------------------------- (SC.290/2006 IN CRIME NO.378/2000 OF MALAPPURAM POLICE STATION PENDING BEFORE THE FAST TRACK COURT - II, MANJERI.) .................... PETITIONER(S): 10TH ACCUSED ------------------------------------- SREEDHARAN, PANIKKAVALAPPIL HOUSE, MATTATHUR AMSOM, VELLIKULANGARA, THRISSUR. BY ADV. SRI.P.K.ANIL RESPONDENT(S): COMPLAINANT/STATE ----------------------------------------------- 1. SUB INSPECTOR OF POLICE, MALAPPURAM POLICE STATION. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. P.A. SALIM THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/09/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: SVS/ M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 1637 OF 2010 =========================== Dated this the 15th day of September,2010 ORDER Petitioner, the tenth accused in S.C.290/2006 on the file of Additional Sessions Court, Fast Track II, Manjeri filed this petition under section 482 of the Code of Criminal Procedure to quash Annexure I final report contending that an offence under section 7 of the Explosive Substances Act could not have been taken cognizance without the sanction of the District Magistrate and as there is no sanction, the proceedings is to be quashed. 2. The offences alleged against the petitioners include offences under sections 143, 147, 148 and 120B and Section 4 read with section 25(1)(b) of Arms Act and Section 4 and 5 of the Explosive Substance Act. Therefore for want of sanction under section 7 of Crl.M.C.1637/2010 2 Explosive Substance Act cognizance taken cannot be quashed. Petitioner is at liberty to raise all the contentions before the Sessions Court and seek an order of discharge under section 227 of the Code of Criminal Procedure, if charge has not been framed so far. Petition is dismissed. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006