Rupak Singh VS State of Jharkhand

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SUJIT NARAYAN PRASAD, NAVNEET KUMAR
Rupak Singh – Appellant
Versus
State of Jharkhand – Respondent

Advocates:
Counsel for the Parties:
For the Petitioner:Mr. R.S. Mazumdar, Sr. Advocate
For the Respondent-State: Mr. Shiv Shankar Kumar, A.P.P.

JUDGMENT

The instant application has been filed under Section 397 read with Section 401 of the Code of Criminal Procedure assailing the order dated 18.04.2022 passed by the learned Additional Sessions Judge-I, Dumka in connection with Sessions Trial No. 163 of 2019 arising out of Shikaripara P.S. Case No. 45 of 2014, whereby and whereunder, the petition filed under Section 227 of the Code of Criminal Procedure for discharge of the petitioners from the criminal liability has been rejected by holding therein that there is ground for presuming that both the petitioners have committed offences punishable under Sections 4,5 and Section 6 of the Explosive Substances Act.

2. The aforesaid case was listed before the learned single Judge of this Court but later on vide order dated 19.05.2023 the learned Single Judge in the light of judgment as rendered by the Full Bench of this Court in the case of Rakesh Saw @ Sahu Vs. State of Jharkhand reported in 2023(1) JBCJ 88(F.B), had directed the office to place this matter before the division bench with the permission of Hon’ble the Chief Justice and accordingly, the instant case has been assigned to this bench.

3. Although the case has been filed