ASHISH SHARMA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The Petitioner has invoked the inherent jurisdiction of this Court for setting aside the order dated 11.5.2010 passed by the Sub-Divisional Judicial Magistrate, Ranchi by which charge against the Petitioner was framed for the alleged offence under Sections 17(i) and 17(h) of the Criminal Law Amendment Act in connection with Chutia P.S. Case No. 136 of 2009 corresponding to G.R. No. 2871 of 2009.

(2.) The Petitioner had earlier preferred W.P.(Cr.) No. 397 of 2009 challenging the order by which cognizance of the offence was taken. This Court by order dated 20.11.2009 quashed the part of the order by which cognizance of the offence was taken under Sections 13(ii) of the Unlawful Activity (Prevention) Act and maintained the cognizance of the offence under Sections 17(i) and 17(h) of the C.L.A. Act and modified the impugned order of C.J.M. The Petitioner then filed regular bail before this Court in B.A. No. 9125 of 2009 which was disposed of releasing the Petitioner on bail on 19.5.2010. After rejection of the discharge petition the Petitioner again preferred a Criminal Revision No. 150 of 2010 before this Court to which the Petitioner was permitted to withdraw the said Cr. Revision by order of this Court on 22.3.2010, however, with the liberty to raise all the points at the appropriate stage. Accordingly, points for his discharge were raised and the learned SDJM Ranchi rejected the prayer of the Petitioner for his discharge and framed the charge against him under Sections 17(i) and 17(ii) of the Criminal Law Amendment Act which is being challenged by invoking the inherent jurisdiction of this Court.

(3.) The prosecution story in short was that the informant Officer-in-Charge of Chutia Police station on receiving information from the senior police officers that consignment of the extremists from Delhi had arrived at the INDIA AIR(Cargo) office situated at Pradhan Tower, the informant with the police party police visited the Cargo office of INDIA AIR(on) 1372009 and intercepted two persons including the Petitioner Ashish Shanna who had already received two cartoons of consignment and on being asked they replied that under instruction of one Naresh Sharma of Shikha Construction Private Ltd. company they had come to receive the consignment and that the accused Robin Samad was the employee of said Naresh Sharma. Both Petitioner and the co-accused admitted having received two cartons to be carried to the house of Naresh Sharma at Ashok Nagar, Ranchi. The cartons were seized in presence of witnesses and on opening of the cartons several incriminating articles related to telecommunication system were found. Amongst the incriminating articles were Walkie-Talkie, Trangisters of different models Micro Cassette recorder, Compact Antinna and several other articles to which seizure list was prepared. Both the accused were arrested and brought to the police station. Naresh Sharma was arrested from Daltonganj pursuant to the confessional statement of the Petitioner. The accused Naresh Sharma also confessed his guilt and admitted having called for consignments for its deliver to the M.C.C ultras under the instruction of the Members of the Central Committee CPI(Maoist) Prasantjee and Sanjeevjee to be utilized by the Guerilla squad. The consignment was sent by one Praveen Kumar of Delhi and that a bullet proof jacket was recovered from the house of Naresh Kumar Sharma which was later on released to him.