RONGON MUKHOPADHYAY, J. - (1.) HEARD learned counsel for the petitioners and learned counsel for the State.
(2.) IN this application, the petitioners have prayed for quashing the entire criminal proceeding in connection with Dhanbad P.S. Case No. 128 of 1999, corresponding to G.R. No. 546 of 1999 including the order dated 16.07.2001, passed by learned Chief Judicial Magistrate, Dhanbad, whereby and whereunder cognizance for the offence under section 3/5 of Explosive Substance Act has been taken as against the petitioners.
(3.) THE prosecution story as would appear from the FIR is that the deceased Shanti Choubey Hijra was sitting on a cot in front of his house and some other persons were also sitting and chatting together when the accused persons came there from railway line side and it is further said that one Sheo Mohan Yadav threw a bomb, which hit Shanti Choubey Hizra resulting in his death. The aforesaid First Information Report was instituted for the offences under sections 302, 307, 324/34 of the Indian Penal Code and section 3/5 of Explosive Substance Act. Initially after investigation, police submitted chargesheet against the accused persons including the petitioners in the present case for the offences punishable under sections 302, 307/34 of the Indian Penal Code and after cognizance was taken, the case was committed to the court of sessions where charge was framed for the offences punishable under sections 302/34 and 307/34 of the Indian Penal Code. After examination of the witnesses for the prosecution and after considering the entire records, the learned 5th Additional Sessions Judge, Dhanbad by judgment dated 6th January, 2001 in Sessions Trial No. 369 of 1999 was pleased to acquit all the accused persons from the charges levelled against them. Subsequent thereto, a supplementary chargesheet was submitted against the accused persons on 4.5.2001 and after perusal of the same, cognizance was taken by the learned Chief Judicial Magistrate, Dhanbad by order dated 16.07.2001 for the offence punishable under section 3/5 of the Explosive Substance Act.;