The petitioner herein has been facing prosecution under the Explosives Act, before the Judicial First Class Magistrate Court-I, Hosdurg. He seeks direction for expeditious or early disposal of the case on the ground that the Additional District Magistrate has cancelled his explosive licence, and that he can get it restored and renewed only after the case is disposed of. Ext.P2 document shows that the petitioner's explosive licence stands suspended, subject to further orders of this Court. It is submitted that the petitioner is licenced to keep explosives, and the allegation in the present prosecution is that on inspection in the premises, he was found possessing some excess quantity of explosives. Of course, pendency of this prosecution cannot itself be a ground to suspend or cancel the licence. Any way, it is a matter willing the discretion of the licencing authority. The learned Magistrate has submitted a report that the case can be disposed of within a period of one year. When thousands of cases are pending in the said court, I feel it not appropriate to give direction for a time O.P.( Crl) No. 178 Of 2014 2 bound disposal. However, the genuine grievance of the petitioner will be considered by the learned Magistrate, if application for early disposal is made. In view of Ext.P2 order passed by the Additional District Magistrate suspending the petitioner's licence, it is just and appropriate that his case be disposed of at the earliest. If the case is not disposed of, the petitioner will not get his licence restored and renewed, if he is otherwise entitled. I feel it appropriate to direct the learned Magistrate to dispose of the case at the earliest. If necessary, the case can be advanced with notice to the prosecution, and trial can be expedited. However, the petitioner will have to make application before the learned Magistrate stating the genuine reasons, which the learned Magistrate will have to consider. In the result, this original petition is closed with observation that the petitioner can approach the trial court with necessary application containing the reasons for expeditious disposal of his case.
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P. UBAID, JUDGE sd // TRUE COPY // P.A. TO JUDGE