DINESH KUMAR SINGH Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This writ application has been filed for quashing the order dated 19- 11-2007 passed by the learned Chief Judicial Magistrate, Ranchi in Ratu P. S. Case No. 95 of 1997 (G. R. No. 2109 of 1997) whereby cognizance of the offence under Section 4/5 of the Explosive Substances Act has been taken against the petitioners.

(2.) The facts giving rise this application are that on 9-9-1997, a case bearing Ratu P. S. Case No. 95 of 1997 was registered under Sections 399 and 402 of the Indian Penal Code and also under Section 4/5 of the Explosive Substances Act on the allegation that the police, in course of patrolling when received information that six miscreants have been assembled at a place for making a plan for committing dacoity, it raided that place and apprehended one person, namely, Mangra Oraon, who was found in possession of one live Bomb and one Nepala. However, other accused persons succeeded in taking to their heels. On being quizzed said Mangra Oraon disclosed their names as Dinesh Kumar Singh alias Dinesh Singh and Sanjay Toppo, petitioners No. 1 and 3. After investigation, charge-sheet was submitted against the petitioners. Subsequently, when the case was committed to the Court of sessions, the petitioners were put on trial to face charges under Section 3/5 of the Explosive Substances Act and also under Section 399 and 402 of the Indian Penal Code.

(3.) In course of trial, the prosecution failed to prove the charges and hence, learned Additional Judicial Commissioner-cum-FTC No. VII, vide its judgment dated 9-9-2005 passed in Session Trial No. 602 of 1999 acquitted the petitioners of all the charges under Sections 399/402 of the Indian Penal Code and also under Sections 3/5 of the Explosive Substances Act.