JULLU REHMAN Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner and learned counsel appearing for the State. This application has been filed for quashing of the order dated 17.9.2011 passed by the Chief Judicial Magistrate, In-charge, Pakur in G.R. No. 386 of 2011 [Pakur (Malapahari) P.S. Case no. 153 of 2011) whereby and whereunder cognizance of the offence punishable under Sections 304 /307 /34 of the Indian Penal Code and also under Section 3 /4 of the Explosive Act which seems to have been wrongly recorded in place of Explosive Substance Act has been taken against the petitioner.

(2.) The case of the prosecution as it appears from the FIR is that while the informant and his brother namely, Deepak Mandal were engaged in quarrying of stones at the instance of this petitioner and Amirul Sk., an accident took place due to explosion of the explosive substance, as a result of which informant and his brother sustained injuries resulting into the death of the brother of the informant.

(3.) The matter was investigated upon. On completion of investigation, charge sheet was submitted, upon which cognizance of the offence punishable under Sections 304 /307 /34 of the Indian Penal Code and also under Section 3 /4 of the Explosive Act which seems to have been wrongly recorded in place of Explosive Substance Act was taken against the petitioner, vide order dated 17.9.2011 which is under challenge.