- (1.) This is an application for quashing of a proceeding in Sessions Case No. 15/91 pending in the Court of ld. Judge, 11th Bench, City Sessions Court, at Calcutta.
(2.) The prosecution case is that the petitioner engaged themselves in a Criminal Conspiracy to commit decoity, murder, looting and to create a state of terrorism in the State of Punjab and other States in India. With that end in view the petitioners entered into a Criminal Conspiracy to assassinate Lt. Col. K. S. Brar, G.O.C., incharge of Eastern Command who was the officer in Command during Operation Blue Star in Punjab in 1984 and also to murder Sri S. S. Roy of Beltala Road, Calcutta, Ex-Governor of Punjab. It was alleged that the petitioner chalked out various plans for execution of their conspiracy into action. On the basis of such allegations Hastings P.S. Case No. 311 dated 21-11-90 was registered under Sections 120B/121/121A/122/109/147/148/149/302/379/395/396/397, I.P.C.
(3.) On completion of investigation a chargesheet was submitted by the police under Sections 120B/302, IPC before the ld. Chief Metropolitan Magistrate, Calcutta. On the basis of such chargesheet the ld. Magistrate took cognizance of the offence against the accused petitioners by his order dated 9-2-91. The case was committed to the Court of Session. At the time of framing of charge it was submitted by the ld. Special P.P. before the learned trial Judge that there are sufficient materials against the accused persons to show that they had committed offences under Sections 120B/121/121A/122, IPC and accordingly charges under the said sections should be framed. The ld. P.P. also submitted before the Court requisite sanction order under Section 196, Cr. P.C. for prosecution of offence under Chapter VI of the Indian Penal Code. The ld. Judge, however, was of the view that charges under Sections 121/124A/122, IPC could not be framed because cognizance of offence was taken by the ld. Magistrate without any sanction order as required under Section 196(1)(a) of the Code of Criminal Procedure. But the ld. Judge was of the view that there are sufficient incriminating materials, the statements of witnesses, the judicial confession of the accused Gurpreet Singh recorded under Section 164, Cr. P.C. and other circumstances to establish the fact that the accused persons entered into a criminal conspiracy to assassinate Lt. General K. S. Brar, G.O.C. in-charge, Eastern Command, stationed at Calcutta and Sri S. S. Roy, Ex-Governor of Punjab during the relevant period. Since no sanction order is required for the purpose of taking cognizance of the offence of criminal conspiracy under Section 120B of the Indian Penal Code, the ld. Judge framed charge under Section 120B, I.P.C. against the accused persons. Since offence of criminal conspiracy is a distinct offence punishable separately from the main offence, the ld. Judge framed charge under Section 120B against the five (5) accused persons. It is at this stage the petitioners came up before this Court for quashing of charge as also of the proceeding as aforesaid.;