SUKHDEO BHUIAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This is an application under Sec. 482 of the Code of Criminal Procedure for quashing the cognizance dated 20.4.2002 taken by the learned CJM Hazaribagh.

(2.) SI Sri Rajesh Kumar office -in -charge Keredari Police Station, on his own statement, registered a case under Sec. 3(2) of the Prevention of Terrorism Act and various other Ss. under Arms Act, Explosives Substance Act and CLA Act and after investigation submitted charge -sheet. After submission of charge -sheet learned CJM took cognizance under the aforesaid Ss. against the petitioner and others and transferred the case to the Court of Sri P.K. Sukla, Judicial Magistrate, First Class, Hazaribagh for commitment of the case.

(3.) Learned counsel for the petitioner submitted that cognizance taken in the case is bad in law because Sec. 50 of the Prevention of Terrorism Act specially lays down that no Court can take cognizance of any offences under this Act without the previous sanction of the Central Government or State Government, as the case may be. He further submitted that in the instant case previous sanction of the Central Government or the State Government has not been obtained and, therefore, cognizance taken in the case by the learned CJM is bad in law.