IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT FRIDAY, THE 14TH NOVEMBER 2008 / 23RD KARTHIKA 1930 Crl.MC.No. 4362 of 2008 ---------------------------------- (C.P. 58/08 OF J.F.C.M COURT PERUMBAVOOR) PETITIONERS/ ACCUSED NOS. 1 TO 5: -------------------------------------------------------- 1. VARGHESE, S/O.KOCHU VARKEY, AGED 33 YEARS, PUTHENPURAIKAL VEEDU, THEKKUMBHAGAMKARA, CHOVARA VILLAGE. 2. BIJU, S/O. THANKKAPPAN, AGED 25 YEARS, KUNNETHUKARAYIL VEEDU, RANNIKULAMBHAGATH, CHAVARA VILLAGE. 3. SUDHI, S/O.CHANDRAN MENON, AGED 31 YEARS, IKUMPURATH VEEDU, THEKKUMBHAGAMKARAYIL, VELLAKARAPILLYBHAGATH, CHOVARA VILLAGE. 4. BALAKRISHNAN, S/O.NARAYANAN, 50 YEARS, MATTUMMAL VEEDU,THIRUVIRANIKULAMBHAGATH, THEKKUMBHAGAMKARAYIL, CHOVARA VILLAGE. 5. KABEER, S/O.KUNJADHULLA, MATTATHARAYIL VEEDU, THIRUVIRANIKULAMBHAGATH, THEKKUMBHAGAMKARAYIL, CHOVARA VILLAGE. BY ADV. SRI.R.DIVAKARAN. RESPONDENT/ COMPLAINANT: --------------------------------------------- STATE OF KERALA REPRESENTED BY CIRCLE INSPECTOR OF POLICE, CHENGAMANADU POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI. GIKKU JACOB. THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J. ---------------------- Crl.M.C.No.4362 of 2008 ---------------------------------------- Dated this the 14th day of November 2008 O R D E R About an incident which took place on 15/4/2003, a crime was registered alleging offences punishable inter alia under Section 3 and 5 of the Explosive Substances Act and Section 304 read with 149 I.P.C. Investigation was conducted. Sanction was sought from the District Collector for initiating a prosecution under the provisions of the Explosive Substances Act. By Annexure A5 order, the said prayer was turned down. Allegations in the crime relate to use of fire crackers in a temple compound which resulted in the death of one individual. 2. Inasmuch as sanction was not granted under Section 3 and 5 of the Explosive Substances Act, final report was filed by the investigating officer alleging offences punishable inter alia under Section 304 read with 149 I.P.C. The petitioner has come to this court now with the prayer that powers under Section 482 Cr.P.C may be invoked to quash the F.I.R filed by the police against the petitioners/accused. 3. It is contended that inasmuch as sanction was not accorded by the District Collector, the prosecution is bad and the Crl.M.C.No.4362/08 2 same deserves to be quashed. I am unable to agree. Sanction of the District Collector is required for launching a prosecution under Section 3 and 5 of the Explosive Substances Act only. In the instant case, no sanction of the District Collector is necessary for filing a final report like Annexure A6. The mere fact that the District Collector has not accorded sanction under the provisions of the Explosive Substances Act is definitely not a reason to invoke the jurisdiction under Section 482 Cr.P.C to quash Annexure A6 final report. 4. This Crl.M.C is in these circumstances dismissed. I may hasten to observe that the the dismissal of this Crl.M.C will not in any way fetter the rights of the petitioners to raise all appropriate and relevant contentions against Annexure A6 final report before appropriate authorities at the appropriate stage. (R.BASANT, JUDGE) jsr Crl.M.C.No.4362/08 3 Crl.M.C.No.4362/08 4 R.BASANT, J. CRL.M.C.No. of 2008 ORDER 09/07/2008