AMMANI ALIAS RIZWAN Vs. STATE

JUDGEMENT

(1.) The above Criminal Revision Case is filed under Section 397 r/w. 401 of the Code of Criminal Procedure praying to set aside the order dated 16-7-2004 made in S, R. M. P. No. 059 of 2004 in S. C. No. 8/ 2003 by the Special Court for exclusive trial of Bomb Blast Cases at Poonamallec and to quash the charges framed (as 4th charge) in S.C. No. 8/2003 or direct for the stay of the examination of the witnesses cited as L.Ws. 6.8 to 71 in the case, till the first respondent takes proper steps for withdrawal of the prosecution by the second respondent in Cr. No. 28/1999 and pending in C. C. No. 1/2001 before the Court ol Additional Sessions Judge No. 1, Alibagh, Raigad District, Maharashtra State.

(2.) The petitioner would submit that he is the 6th accused in S.C. No. 8/2003 pending trial before the Special Court for the exclusive trial of Bomb Blast Cases at Poonamallee : that totally 17 accused are now facing trial in the said case; that according to the prosecution case, on 30-5-1999, bombs were implanted at various places by the. accused persons In order to show their protest against the ill-treatment of the Muslim under-trial prisoners confined in various prisons in Tamil Nadu who were said to be the members of an organization namely "Al-Umma"; that the unexploded bombs were said to be seized by the police and cases have been registered at various places and finally a composite charge-sheet had been filed in Cr, No.1018/1999 of Egmore Police Station clubbing together the cases registered in six other police stations; that as per the charge No. 4 framed in S.C. No, 8/2003, that the petitioner herein along with the 5th accused in S.C. No. 8/2003 viz. Khan alias Rahamathullah Khan and one unknown accused had taken explosives from Palayamkottai to Maharashtra State and the explosives were secretly kept in a house at Door No. 1980 owned by one Pandurang Bigare in Veereswarer Nagar, Mangoan Raigad District, Maharashtra State and explosives were said to have been seized on 27-11-1999 and the Special Court for the Exclusive Trial of Bomb Blast Cases at Poonamallee had framed charges against the petitioner and the 6th accused u/Sec. 4(b) r/w. Sec. 5 of the Explosive Substances Act, 1980 and r/w. Sec. 34 of IPC.

(3.) The petitioner would further submit that for the same offence dated 27-11-1999, the second respondent had registered a case in Cr. No. 28/1999 in the State of Maharashtra and a charge-sheet has also been filed in C.C. No. 1/2001 before the Special Court-cum-Additlonal Sessions Court, Alibagh, Raigad District. Maharashtra State under Section 4 of the Explosive Substances Act, 1980; that after his arrest, he was produced before the Judicial Magistrate No.1, Mangaon, Maharashtra State on 28-11 -1999 and thereafter he along with the 5th accused in S.C. No. 8/2003 was brought to Chennai and produced before the XIV Metropolitan Magistrate in Cr. No.1018/1999 on 30-11-1999; that after the remand of the petitioner on 30-11-1999, he has been confined at various prisons in Tamil Nadu and he has been also taken to Maharashtra and produced before the Court at Maharashtra State along with the 5th accused pending trial of the case in C.C. No. 1/2001; that before framing of the charges in S.C. No. 8/2003 he had submitted two petitions dated S-4-2003 and 15-12-2003 praying the Special Court for the Exclusive Trial of Bomb Blast Cases at Poonamallee and consider his petitions and dispose the same at an early date as the prosecution of the petitioner in both the Courts for the same offences alleged to have been committed on 27-11-1999 amounts to "Double Jeopardy" that the learned Sessions Judge without disposing the said petitions dated 8-4-2003 and 15-12-2003 had framed charges on 23- 12-2003 without considering the repeated pleas of the petitioner who had represented himself before the Court as he was unable to engage a counsel.