MUNIR HUSSAIN AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) THROUGH the medium of this petition under Section 561 -A Cr.P.C. the inherent jurisdiction of this Court is invoked to quash the criminal proceedings pending before the Court of learned Principal Sessions Judge, Samba registered against the petitioners in FIR No. 134/2002, Police Station, Bahu Fort, Jammu in case titled State v. Mohd. Abdullah and others, for the commission of offences punishable under Sections 121 -A and 123 RPC on the grounds taken in it. The case of the petitioners, in brief, is that they were arrested by the police of Police Station, Bahu Fort, Jammu in case FIR No. 134/2002 for commission of offences punishable under Sections 121 -A/123 RPC. It is contended that on 13.07.2002, SHO, Police Station, Bahu Fort, Jammu received an information through some reliable sources at about 7 PM to the effect that some militants belonging to some banned organizations with intent to intimidate the Government established by law and to indulge in massacre of innocent persons, had intruded in Rajiv Nagar area, Jammu where they lobbed hand grenades and entered in the Jhuggies and resorted to indiscriminate firing causing death of 29 persons and injuries to about 30 persons. On receipt of this information, a case under Sections 302/307 RPC, 7/25 Arms Act, 3/4 POTA and 4/5 Explosive Substance Act was registered and investigation started. On conclusion of the investigation, it revealed that two militants after commission of the crime had fled from the scene of crime towards Rekha Jungle and police apprehended one militant identified as Pak National, namely, Mohd. Zaman on 02.08.2002, who had sustained injuries in the encounter, to which he succumbed while on his way to the Hospital. On 03.08.2002, another militant, namely, Mohd. Abdullah A -1 was arrested along with arms and ammunition in case FIR No. 40/2002. Later the petitioners were also arrested and offences punishable under Sections 302/307/121/121 -A/122/123/212 RPC, 7/25 Arms Act, 3/4 Explosive Substance Act read with Section 120 -B RPC were found established against all the accused persons.

(2.) AFTER investigation, challan was produced in the Court of learned Chief Judicial Magistrate, Jammu on 23.03.2005, who transferred it to the Court of Special Excise Mobile Magistrate, Jammu. The case was committed to the Court of Principal Sessions Judge, Jammu, who transferred it to the Court of First Additional District and Sessions judge, Jammu with whom it remained pending till December, 2008.

(3.) THE petitioners were charged by the learned Additional Judge, Designated Court, Sangrur on 10.01.2011 for concealing the existence of design of Mohd. Abdullah to wage war against Government of India by permitting him to hide at a place in Surankot in Jammu and Kashmir knowing it to be likely that such concealment would facilitate waging war by banned outfits ISI and Laskre Toiba.