P DHARAMCHAND Vs. STATE

JUDGEMENT

(1.) THIS revision arises against the order of the learned Sessions Judge, Additional Sessions Court for exclusive trial of bomb blast cases, Chennai at Poonamallee, passed in Crl.M.P.No.478 of 2006 in S.C.No.7 of 2004 dated 02.12.2006.

(2.) THE first respondent State moved Crl.M.P.No.478 of 2006 seeking further investigation. THE petition was moved by the first respondent informing the need to conduct further investigation on the basis of documents received from the Special Secretary to Government, Home (Police-16) Department by its letter dated 30.08.2006. THErein, the first respondent/petitioner informed that the documents received were vital and connected to the case pending in S.C.No.7 of 2004. Informing that the copies of documents had been sent to the District Collector, Chennai on 18.09.2006 towards obtaining sanction in PRC No.36 of 2006 in S.C.No.7 of 2004 under the Explosive Substances Act and the Commissioner of Police has also ordered an enquiry as to why the investigating agency did not send those documents to the District Magistrate, Chennai, the first respondent sought direction for further investigation. Against the dismissal of such petition, the petitioner, who is an accused in the case, has preferred this revision.

(3.) HAVING perused the documents, the Court below was of the view that the same related to property rights and were of civil nature and further found that at the stage of framing charges, the Court cannot consider any material other than that relied on by the prosecution.