C.B.I. Vs. KARIMULLAH OSAN KHAN
LAWS(SC)-2014-3-5
SUPREME COURT OF INDIA
Decided on
March 04,2014
C.B.I.
Appellant
VERSUS
Karimullah Osan Khan
Respondents
Referred Judgements :-
HARIHAR OHAKNAVARTY VS. STATEOF WEST BENGAL [REFERRED TO]THAKUR SHAH VS. EMPEROR [REFERRED TO]
SANJAY DUTT VS. STATE OF MAHARASHTRA [REFERRED TO]
STATE OF MAHARASHTRA VS. FAZAL REHMAN ABDUL [REFERRED TO]
AHMED SHAH KHAN DURRANI @ A.S. MUBARAK S VS. STATE OF MAHARASHTRA [REFERRED TO]
IBRAHIM MUSA CHAUHAN @ BABA CHAUHAN VS. STATE OF MAHARASHTRA [REFERRED TO]
ESSA @ ANJUM ABDUL RAZAK VS. STATE OF MAHARASHTRA [REFERRED TO]
JASVINDER SAINI VS. STATE [REFERRED TO]
Cited Judgements :-
ASWATHY K. P. VS. STATE OF KERALA [LAWS(KER)-2024-6-114] [REFERRED TO]RATHIN PAL VS. THE STATE OF WEST BENGAL AND ORS. [LAWS(CAL)-2015-6-4] [REFERRED TO]
DHARMENDRA GAUR VS. STATE OF MP AND ORS. [LAWS(MPH)-2015-9-6] [REFERRED TO]
N. P. HAMZA VS. STATE OF KERALA [LAWS(KER)-2021-2-40] [REFERRED TO]
JOHNKUTTY.M.V. VS. STATE OF KERALA [LAWS(KER)-2024-2-86] [REFERRED TO]
STATE (GOVT OF NCT OF DELHI) VS. RAMTEJ [LAWS(DLH)-2017-10-65] [REFERRED TO]
HRISHIKESH SARKAR VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-6-40] [REFERRED TO]
ANANT PRAKASH SINGH @ ANANT SINHA VS. STATE OF HARYANA [LAWS(SC)-2016-3-33] [REFERRED TO]
PEMA TSHERING LEPCHA VS. STATE OF SIKKIM [LAWS(SIK)-2024-4-7] [REFERRED TO]
YESHJEET SINGH VS. STATE OF J&K [LAWS(J&K)-2015-11-52] [REFERRED TO]
MAHENDER SINGH VS. STATE OF NCT OF DELHI [LAWS(DLH)-2020-2-35] [REFERRED TO]
MD. SAHA ALAM VS. MD. GULAM MUSTAFA [LAWS(TRIP)-2021-8-30] [REFERRED TO]
STATE OF BIHAR VS. NASRUDDIN MIAN [LAWS(PAT)-2021-6-32] [REFERRED TO]
REKHA VS. STATE OF U. P. [LAWS(ALL)-2021-2-57] [REFERRED TO]
PANKAJ SHARMA AND 3 ORS VS. STATE OF U P AND ANR [LAWS(ALL)-2019-3-76] [REFERRED TO]
RISHIKESH MEENA VS. STATE OF WEST BENGAL [LAWS(CAL)-2023-5-76] [REFERRED TO]
SABRATUL VS. STATE OF WEST BENGAL [LAWS(CAL)-2024-5-30] [REFERRED TO]
SILVESTER VS. STATE OF KERALA [LAWS(KER)-2023-7-89] [REFERRED TO]
SELLAMUTHU S/O MARIAPPAN VS. STATE [LAWS(MAD)-2020-10-108] [REFERRED TO]
SIDDAPPA AND ANOTHER VS. STATE OF KARNATAKA [LAWS(KAR)-2016-6-184] [REFERRED TO]
CENTRAL BUREAU OF INVESTIGATION VS. GALLI JANARDHAN REDDY [LAWS(KAR)-2019-10-5] [REFERRED TO]
SAVITA DEVI VS. STATE OF M.P. [LAWS(MPH)-2015-9-3] [REFERRED TO]
BAHADDUR SINGH VS. STATE OF MP [LAWS(MPH)-2018-7-267] [REFERRED TO]
RAVI DHINGRA VS. STATE OF HARYANA [LAWS(SC)-2023-3-2] [REFERRED TO]
LALIT VS. STATE OF HARYANA [LAWS(P&H)-2016-3-285] [REFERRED TO]
NAYAN DEB VS. STATE OF TRIPURA [LAWS(TRIP)-2016-12-2] [REFERRED TO]
K R SARASWATHAMMA VS. B V PAPANNA [LAWS(KAR)-2018-8-97] [REFERRED TO]
MUNI LAL BELDAR @ MUNILAL VS. STATE OF JHARKHAND [LAWS(JHAR)-2015-7-7] [REFERRED TO]
ANANDA VS. STATE OF KARNATAKA [LAWS(KAR)-2022-6-25] [REFERRED TO]
SH. LALBIAKSANGA VS. STATE OF MIZORAM [LAWS(GAU)-2016-11-64] [REFERRED TO]
JUDGEMENT
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(1.)We are, in this case, concerned with the legality of the order passed by the Designated Court under TADA (P) Act, 1987 for Bomb Blast Case, Greater Bombay, rejecting the application filed by the Central Bureau of Investigation (for short 'CBI') under Section 216 of the Code of Criminal Procedure (for short 'CrPC') for addition of the charges punishable under Section 302 and other charges under the Indian Penal Code (for short 'IPC') and the Explosives Act read with Section 120-B IPC and also under Section 3(2) of the Terrorist and Disruptive Activities (Prevention) Act, 1987 (for short 'TADA Act').
(2.)The city of Mumbai and its surrounding areas witnessed a series of bomb blasts on 12.3.1993, whereby 257 persons were killed, 713 persons got injured and extensive damage to properties worth approximately Rs.27 crores was caused. The State Police registered 27 criminal cases. On 4.11.1993, a single charge-sheet was filed in the Designated Court against 189 accused persons, of which 44 were shown as absconding. Investigation from the State Police was transferred to CBI on 19.11.1993 and the CBI registered Case Crime No. RC 1 (S)/93/STF/BB. CBI, later, submitted supplementary reports before the Designated Court under Section 173(8) CrPC and the case was registered as Court Case No. BBC-1 of 1993. Permission for further investigation was obtained by the CBI from the Designated Court on 25.11.1993. During the course of investigation, the involvement of the respondent accused, by name Karimullah Osan Khan, was disclosed and efforts were made to arrest him. The Designated Court issued proclamation against him and, on 5.8.1994, he was declared as a proclaimed offender. Later, the Designated Court, on 8.9.1994, issued warrant of arrest against him.
(3.)The Designated Court framed a common charge of criminal conspiracy on 10.4.1995 against all the accused persons present before the Court and also against the absconding accused persons, including the respondent - accused No. 193 and all other unknown persons, under the following Sections:
"1. Section 3(3) of TADA (P) Act, 1987 and Section 120(B) of IPC r/w section 3(2) (i) (ii), 3(3), 3(4), 5 and 6 of TADA (P) Act, 1987 and r/w Section 302, 307, 326, 324, 427, 435, 436, 201 and 212 of IPC.
2. Section 3 and 7 r/w Section 25(1A), [1B(a)] of the Arms Act, 1959.
3. Section 9-B (1),(a),(b),(c) of the Explosives Act 1884.
4. Section 3, 4(a), (b), 5 and 6 of the Explosives Substances Act, 1908.
5. Section 4 of Prevention of Damage to Public Property Act, 1984.
The Designated Court then issued an order dated 19.6.1995 for examination of the witnesses, including the absconding accused no.193, in accordance with the provisions contained in Section 299 CrPC.
(2.)The city of Mumbai and its surrounding areas witnessed a series of bomb blasts on 12.3.1993, whereby 257 persons were killed, 713 persons got injured and extensive damage to properties worth approximately Rs.27 crores was caused. The State Police registered 27 criminal cases. On 4.11.1993, a single charge-sheet was filed in the Designated Court against 189 accused persons, of which 44 were shown as absconding. Investigation from the State Police was transferred to CBI on 19.11.1993 and the CBI registered Case Crime No. RC 1 (S)/93/STF/BB. CBI, later, submitted supplementary reports before the Designated Court under Section 173(8) CrPC and the case was registered as Court Case No. BBC-1 of 1993. Permission for further investigation was obtained by the CBI from the Designated Court on 25.11.1993. During the course of investigation, the involvement of the respondent accused, by name Karimullah Osan Khan, was disclosed and efforts were made to arrest him. The Designated Court issued proclamation against him and, on 5.8.1994, he was declared as a proclaimed offender. Later, the Designated Court, on 8.9.1994, issued warrant of arrest against him.
(3.)The Designated Court framed a common charge of criminal conspiracy on 10.4.1995 against all the accused persons present before the Court and also against the absconding accused persons, including the respondent - accused No. 193 and all other unknown persons, under the following Sections:
"1. Section 3(3) of TADA (P) Act, 1987 and Section 120(B) of IPC r/w section 3(2) (i) (ii), 3(3), 3(4), 5 and 6 of TADA (P) Act, 1987 and r/w Section 302, 307, 326, 324, 427, 435, 436, 201 and 212 of IPC.
2. Section 3 and 7 r/w Section 25(1A), [1B(a)] of the Arms Act, 1959.
3. Section 9-B (1),(a),(b),(c) of the Explosives Act 1884.
4. Section 3, 4(a), (b), 5 and 6 of the Explosives Substances Act, 1908.
5. Section 4 of Prevention of Damage to Public Property Act, 1984.
The Designated Court then issued an order dated 19.6.1995 for examination of the witnesses, including the absconding accused no.193, in accordance with the provisions contained in Section 299 CrPC.
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