D.K SINHA, J. - (1.) THE petitioner has preferred this Cr. Revision for setting aside the order dated 13.4.2005 passed by the Additional Sessions Judge, F.T.C. -8, Hazaribagh in Sessions Trial No. 98/2002 whereby and whereunder the petition under Section 227 Cr.P.C. of the petitioner for his discharge was rejected.
(2.) THE petitioner had earlier preferred Cr.M.P. No. 4758 of 2001 against the order of taking cognizance dated 3.7.2001 which was dismissed. The brief fact of the case is that the Officer -in -charge of Ichak Police Station on 19.11.1988 recorded his self -statement narrating that he with the police party had proceeded to Village Kariyatpur to arrest one Maghnath Kasera who was wanted in Ichak RS. Cases No. 99/86 and 101/88 and in Barhi R.S. Case No. 167/88. When he with "the police party arrived near the house of Meghnath Kasera, he with his brother (Petitioner) started fleeing at the sight of the police party and hide himself behind the tall grass and fired on the police party. The Sub -Inspector of Police narrowly escaped from his shot and in counter firing, Meghnath Kasera sustained bullet shot injury whereas the other accused made their good escape except the petitioner. On the search a pistol with live cartridges and one live bomb were recovered from near him to which a seizure list was prepared. The police after investigation submitted charge -sheet and the cognizance of the offence was taken on 29.6.89 against the petitioner under Sections 353/307/34 I.RC. Since Meghnath Kasera succumbed his injuries which he had sustained, his case stood abated and another accused Naresh Saw was shown absconder. The petitioner was arrested by the police on 19.11.88 with Meghnath Kasera and from the jail he had filed a complaint case No. 7/89 against the police officers in the Court and after enquiry cognizance of the offence was taken against the Police Officers including against the informant Officer -in -Charge, Rakesh Mohan Sinha in various Sections including under Sections 302/120B I.RC.
(3.) LEARNED Counsel submitted that though the earlier charge -sheet was submitted in the year 1988 against the petitioner under various Sections of the I.R.C. but the District Magistrate, Hazaribagh accorded sanction on 19.2.2001 for the prosecution of the petitioner under Section 25(1 -B)A/27 Arms Act as also under Section 3/4/5 of the Explosive Substances Act with another accused Naresh Saw (Annexure -3). On the basis of the sanction order, aforesaid, the police submitted supplementary charge -sheet and accordingly C.J.M. took cognizance of the said offence on 3.7.2001 against the petitioner Basudeo Kasera and one Naresh Kasera which is not sustainable either in law or on facts. The learned Counsel further submitted that there was no sanction of the Central Government for proceeding against the petitioner under Explosive Substances Act as required under Section i" of the Explosive Substances Act. The District Magistrate is not competent to accord sanction and that too after 12 years. In the instant case no overt act has been attributed against the petitioner to make out any offence either under I.P.C. or under Arms Act or under Explosive Substances Act. The cognizance order of the C.J.M.. Hazaribagh was drawn without application of his judicial mind and under mechanical manner which is unsustainable. It is nowhere alleged that any firearm or explosive substance was recovered from the possession of the petitioner and the recovery of the entire incriminating material were from the possession of Meghnath Kasera who succumbed his injuries against which in complaint case brought about by the petitioner, cognizance of offence has been taken against the police officers under Section 302 and allied Sections of the I.PC.;