IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH THURSDAY, THE 27TH JANUARY 2011 / 7TH MAGHA 1932 Crl.MC.No. 56 of 2011() --------------------------- (CRIME NO. 41/2010 MUKKAM POLICE STATION, KOZHIKODE DISTRICT) ..... PETITIONER(S): ------------------- O.SIVARAJAN, S/O.UNNIKELU, AGED 54 YEARS, ODAMANNIL HOUSE, MUKKAM P.O. KOZHIKODE DISTRICT. BY ADV. SRI.B.N.SHIVSANKAR RESPONDENT(S): --------------------- STATE OF KERALA, REPRESENTED BY SUB INSPECTOR OF POLICE, MUKKAM POLICE STATION, KOZHIKODE DISTRICT. THROUGH BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA. BY PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27/01/2011, ALONG WITH CRMC NO.4153 OF 2010 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: svs THOMAS P JOSEPH, J. ---------------------------------------- Crl.M.C.Nos.4153 of 2010 and 56 of 2011 --------------------------------------- Dated this 27th day of January, 2011 ORDER Petitioners are accused in Crime Nos.40 of 2010 and 41 of 2011, respectively of Mukkom Police Station for offences punishable under Secs. 9(B)(1)(c) of the Explosive Act r/w Rules 119, 144, 146(1) of the Explosive Rules, 1983. Prosecution case is that petitioners were using explosives in the quarries referred to in the respective cases without the assistance of a blast man and that explosives were not carried in a proper container or required under the Rules. It is contended by learned counsel that final reports are submitted based on Explosive Rules, 1983 which was repealed by the Explosive Rules 2008 with effect from 29.12.2008 while the alleged incident occurred thereafter. It is also contended that petitioners had maintained all relevant records as required under the law in force. 2. I have heard learned counsel for petitioners and the learned Public Prosecutor. 3. Admittedly, the court has not framed charge against petitioners. The question whether the materials on record revealed any offence and if so, under which provision of law, Crl.M.C.Nos.4153 of 2010 and 56 of 2011 -: 2 :- whether it is under the Explosive Rules, 1983 or Explosive Rules, 2008, whether final reports are required to be returned to the officers concerned to cure defects if any are all matters which the trial court has to decide at the appropriate stage. It is open to the petitioners to contend before the learned Magistrate that records do not reveal any offence against the petitioners. In the circumstance, it is not necessary for this court to go into those questions in these proceedings under Sec.482 of the Code of Criminal Procedure. Resultantly these criminal miscellaneous cases are closed without prejudice to the right of petitioners to take up appropriate plea/defence for discharge/acquittal before the learned Magistrate at the appropriate stage. (THOMAS P JOSEPH, JUDGE) Sbna/-