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Judgment
This Criminal Petition has been filed by the petitioner seeking to quash the proceedings in Crime No.60 of 2019 of Nizamabad VI Town Police Station, Nizamabad District, registered for the offences punishable under Section 286 of the Indian Penal Code, 1860 (for short 'IPC'), and Sections 3 and 4 of the Explosive Substances Act, 1908 (for short 'E.S. Act').
Heard Mr.K.Sai Babu, learned counsel for the petitioner and Mr.Jithender Rao Veeramalla, learned Additional Public Prosecutor for respondent No.1.
With their consent, the criminal petition is disposed of at the stage of admission.
Learned counsel for the petitioner submits that the petitioner has not committed the alleged offences and has been falsely implicated in the present case. The petitioner did not use any of the seized explosive substances for the purpose of removing the stones existing on the agricultural land and did not use the same for any other purpose. The subject property is not situated in a residential area. No other individual has lodged any complaint alleging that the blasting of stones caused any inconvenience to any person. He further submits that respondent No.2, with an oblique motive, lodged the present complaint on 21.04.2019 only on the ground that the petitioner had not obtained permission from the competent authority for carrying out the blasting. The said allegations do not attract the ingredients of the offences under Section 286 of the IPC and Sections 3 and 4 of the E.S Act. The nature of the allegations, comes within the ambit of the Explosives Act, 1884. Under Section 9B of the Explosives Act, 1884, the punishment prescribed is imprisonment for a term which may extend to three years, or fine of Rs.5,000/-, or both. In such circumstances, the Investigating Officer ought to have issued notice under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, 'BNSS'), and followed the guidelines formulated by the Hon'ble Supreme Court in Arnesh Kumar Vs. State of Bihar.1 He further submits that though the present crime was registered on 21.04.2019, the Investigating Officer has neither sent the seized material to the Forensic Science Laboratory nor completed the investigation. After a lapse of more than six years, the Investigating Officer is now taking coercive steps against the petitioner, which amounts to a clear abuse of the process of law. The petitioner is eking out his livelihood by carrying on a small business and is ready and willing to cooperate with the investigation.
Per contra, learned Assistant Public Prosecutor submits that the allegations levelled in the complaint attract the ingredients of the offences under Section 286 of the IPC and Sections 3 and 4 of the E.S. Act. Whether the allegations levelled in the complaint are true or not will be revealed during the course of the investigation. The Investigating Officer has recorded the statements of LWs.1 to 13. At this juncture, the petitioner is not entitled to seek quashing of the proceedings.
Having considered the rival submissions made by both the parties and after perusing the material available on record, including the written instructions furnished by the Investigating Officer to the
---1(2014) 8 SCC 273 learned Additional Public Prosecutor, dated 11.08.2026, it reveals that the Investigating Officer has examined LWs.1 to 13 and the investigation is still in progress. The present crime was registered on 21.04.2019. By virtue of the efflux of time, this Court is of the view that if the petitioner is directed to cooperate with the investigation, no prejudice would be caused to the prosecution.
Taking into consideration the peculiar facts and circumstances of the case, the Investigating Officer is directed not to take any coercive steps against the petitioner and the petitioner is directed to cooperate with the investigation. The Investigating Officer is further directed to conclude the investigation and file the final report as expeditiously as possible, in accordance with law.
Accordingly, the Criminal Petition is disposed of. Miscellaneous applications, pending if any, shall stand closed.