RUPAK SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) The instant application has been filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure assailing the order dtd. 18/4/2022 passed by the learned Additional Sessions Judge-I, Dumka in connection with Sessions Trial No. 163 of 2019 arising out of Shikaripara P.S. Case No. 45 of 2014, whereby and whereunder, the petition filed under Sec. 227 of the Code of Criminal Procedure for discharge of the petitioners from the criminal liability has been rejected by holding therein that there is ground for presuming that both the petitioners have committed offences punishable under Ss. 4,5 and Sec. 6 of the Explosive Substances Act.

(2.) The aforesaid case was listed before the learned single Judge of this Court but later on vide order dtd. 19/5/2023 the learned Single Judge in the light of judgment as rendered by the Full Bench of this Court in the case of Rakesh Saw @ Sahu Vs. State of Jharkhand reported in 2023(1) JBCJ 88(F.B), had directed the office to place this matter before the division bench with the permission of Hon'ble the Chief Justice and accordingly, the instant case has been assigned to this bench.

(3.) Although the case has been filed under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure by way of revision but the learned Single Judge while dealing with the application by taking into consideration the judgment rendered in the Rakesh Saw @ Sahu Vs. State of Jharkhand (supra) has referred the matter to be listed before the Division Bench. Although the nomenclature of this case is Criminal Revision but it is being treated as Criminal Appeal in the light of the aforesaid judgment, as such, this Court is looking into the impugned order under the appellate jurisdiction.