LAWS(JHAR)-2022-3-162

RAGHU NATH RAM Vs. STATE OF JHARKHAND

Decided On March 09, 2022
Raghu Nath Ram Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) This petition has been heard through Video Conferencing in view of the guidelines of the High Court taking into account the situation arising due to COVID-19 pandemic. None of the parties have complained about any technical snag of audio-video and with their consent this matter has been heard.

(2.) This petition has been filed for quashing the order dtd. 20/1/2015 whereby a Cr. Revision No.175 of 2014 has been dismissed by the learned Session Judge, Dhanbad and the order dtd. 25/2/2012 passed by the P.O., Lok Adalat in connection with Dhanbad P.S.Case No.1134 of 2009, G.R. No.4281/2009 for the offences punishable under Sec. 4 and 5 of Explosive Substance Act has been affirmed.

(3.) The FIR was lodged alleging therein that on 30/12/2009 the petitioner submitted written information to Dhanbad Police that he noticed explosive substance fitted in his gate. Fortunately, it did not explode. It was alleged that the O.P.No.2 hired anti social elements prior to this incident and they had demolished the eastern portion of the boundary wall of the petitioner. They had terrorized the petitioner and had threatened to demolish the gate. The petitioner had reported the matter earlier also against Harendra Singh and others but the police had not taken any step on the earlier reports for the reasons best known to the police. The case was registered, the police inspected the P.O. and seized the explosive substance from the place as stated in the FIR. The police prepared seizure list in presence of witnesses on 30/12/2019.