- (1.) THIS writ application has been filed for quashing the entire criminal proceedings of Dhanbad P.S. case no.562 of 2002 including the order dated 28.5.2007 passed by the Chief Judicial Magistrate, Dhanbad whereby and whereunder cognizance of the offences under section 3/5 of the Explosive Substance Act has been taken against the petitioners.
(2.) THE facts giving rise this application are that one Dr. Awanikant Sahay lodged a case alleging therein that he had received a letter on 15.10.2002 of unknown persons whereby demand of Rs.5 lacs had been made and in the evening, somebody threw a bomb at his residence at about 6.45 P.M. which got exploded causing damage to the wall. On that basis, Dhanbad P.S. case no.562 of 2002 was instituted under section 387 of the Indian Penal Code and section 3/5 of the Explosive Substance Act. After the investigation though charge sheet was submitted against the petitioners only under sections 387 and 120(B) of the Indian Penal Code and not for the offence under the Explosive Substance Act as sanction by that time had not been granted by the competent authority. Thereupon, cognizance of the offence under sections 387 and 120(B) of the Indian Penal Code was taken and the petitioners on being put to trial were acquitted on 17.3.2005 of the charges under sections 387 and 120(B) of the Indian Penal Code. Subsequently, upon sanction being granted by the Deputy Commissioner, Dhanbad on 27.2.2006 for prosecution against the petitioners under section 3/ 5 of the Explosive Substance Act. Charge sheet was submitted under section 3/ 5 of the Explosive Substance Act on 18.5.2007, upon which cognizance of the offence was taken. Being aggrieved with that order, the petitioners have preferred this application.
(3.) LEARNED counsel appearing for the petitioners submits that on the allegation made by the informant, case was instituted under sections 387 and 120(B) of the Indian Penal Code as also under sections 3/5 of the Explosive Substance Act but the police submitted charge sheet, at the first instance, under sections 387 and 120(B) of the Indian Penal Code and the petitioners on being put to trial were acquitted and subsequently, on submission of the charge sheet under section 3/5 of the Explosive Substance Act, cognizance has been taken for putting the petitioners on trial which being the second trial would be barred under section 300 of the Code of Criminal Procedure as on the same set of allegations, the petitioners had already been put on trial for the charges under sections 387 read with section 120(B) of the Indian Penal Code in which the petitioners were acquitted.;