Back
2013 Supreme(UK) 565
SUPREME COURT OF INDIA
Hon'ble Mr. Justice Chandramauli Kr. Prasad and
Hon’ble Mr. Justice M.Y. Eqbal
Criminal Appeal No. 2118 of 2013
STATE OF RAJASTHAN – Appellant
Versus
BHAGWAN DAS AGRAWAL & ORS. – Respondents
WITH Criminal Appeal No. 2119 of 2013
GIRDHAR & ORS. – Appellants
Versus
STATE OF RAJASTHAN & ANR. – Respondents
Decided on : 17.12.2013
Headnote:Indian Penal Code, 1860, Sec. 186 and 300 — Accuseds charge-sheeted for offences punishable u/Ss 420, 467, 468, 471, 120-B, 201 and 34 of the Indian Penal Code and Sections 9B, 9C, Exp;losives Substances Act, 1884 and Sections 4 and 6, Explosive Substances Act, 1908 — Main object and intention of the Legislature in the provision u/s 186 is to prevent the accused persons from being unnecessarily harassed for the same offences alleged to have been committed within the territorial jurisdiction of more than one courts — Also, Section 300 Cr.P.C. debars the Court from proceeding with the trial in respect of the same offence for which the accused had already been tried and convicted or acquitted — But, in the instant case the nature and manner of offences committed by the accused persons being not identical, but were different — Also, Offence means any act or omission made punishable by law — The fountain head of all the three cases was at Dholpur from where truck was loaded with explosives that moved to different destinations — But from that it cannot be said that the acts and omissions which constitute the offence were same — “Same offence” mean that acts and omissions which constitute that the offence are one and the same — Here, except the allegation that the explosives were loaded at Dholpur, the mode and manner in which the offence was committed at different places were not the same — Thus, provision of Sec. 186, Cr.P.C. not attracted in the facts of the present case — High Court had erred in passing the impugned order, that is set aside — Appeal allowed. (Paras 3, 12 to16)
Hkkjrh; n.M lafgrk] 1860] /kkjk 186 vkSj 300 & vfHk;qDr ij /kkjk 420] 467] 468] 471] 120-B] 201 vkSj 34 Hkkjrh; n.M lafagrk vkSj /kkjk 9B, 9C, foLQksVd inkFkZ vf/kfu;e] 1884] /kkjk 4 vkSj 6 o foLQksVd inkFkZ vf/kfu;e] 1908 ds vUrxZr n.Muh; vijk/kksa ds fy, vkjksi i= & U/s 186, IPC fo/kkf;dk esa izko/kku dk eq[; mn~ns’; o vk’; gS vfHk;qDr dks vuko’;d ijs’kkuh ls cpkuk leku vkjksfir vijk/kksa ds fy, ,d ls vf/kd U;k;ky;ksa dh {ks=h; vf/kdkfjrk ls & /kkjk 300 Cr.P.C. vnkyr dks jksdrk gS leku vijk/k ds fy, okn pykus ls] ftlds fy, vfHk;qDr ij igys gh okn py pqdk gS] ftlesa mls nks”keqfDr ;k nks”kflf) izkIr Fkh & ijUrq izLrqr okn esa vfHk;qDr }kjk dkfjr vijk/kksa dh izÑfr o <ax leku ugha Fks vfirq fHké Fks & vijk/k dk vFkZ gksrk gS og ÑR; ;k pwd tks fof/k esa n.Muh; gks & rhuksa oknksa dk izeq[k LFkku /kksyiqj Fkk tgk¡ ls foLQksVd Hkjk Vªd fofHké xarO;ksa ds fy, pys Fks & ijUrq ;g ugha dgk tk ldrk fd ÑR; o pwd tks vijk/k dks fu;r djrs Fks og leku Fks & ßleku vijkèkÞ dk vFkZ gS og rF; ;k pwd ftlls ;g fu;r gks fd vijk/k ,d gh Fkk o le:i Fkk & dfFkr okn esa] flok; blds fd foLQksVd /kksyiqj esa Hkjk x;k Fkk] vijk/k dk izdkj vkSj O;ogkj fofHké LFkkuksa ij leku ugha Fks & blfy, /kkjk 186, Cr.P.C. ds izkoèkku izLrqr okn esa vkdf”kZr ugha & mPp U;k;ky; }kjk vkns’k ikfjr djus esa =qfV dkfjr Fkh] ftls [kkfjt fd;k x;k & vihy LohÑrA ¼izLrj 3] 12 ls 16½
M.Y. EQBAL, J. — Leave granted.
2. Aggrieved by the judgment and order dated 15th July, 2011 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur, whereby the petition filed by respondent No. 1 herein (Bhagwan Das Agrawal) under Section 482 of the Code of Criminal Procedure, 1973 (for short, “Cr.P.C.”) seeking relief to hold that the proceedings based on the subsequent and third FIR registered in Dholpur (Rajasthan) as Crime No. 427/2010 under Section 5/9B, 9C of the Explosives Act, 1884, in view of the provisions of Section 186 of Cr.P.C., be discontinued, was allowed, the appellant-State of Rajasthan has preferred the special leave petition being No. 8402 of 2011.
3. The facts and circumstances giving rise to the present appeal are that in respect of alleged unauthorized and illegal supply of explosives by M/s. Rajasthan Explosives and Chemicals Ltd., Dholpur (for short, “RECL”), in which respondent No. 1 herein Bhagwan Das Agrawal was Managing Director, to M/s. Ganesh Explosives, Sagar during the period from 17.4.2010 to 29.6.2010 in contravention of the Explosives Act, a case at Police Station Baheria, District Sagar was registered on 13.7.2010 as FIR/Crime No. 161/2010. The police after due investigation filed chargesheet on 18.11.2010 for offences punishable under Sections 420, 467, 468, 471, 120-B, 201 and 34 of the Indian Penal Code (for short, ‘IPC’) and Sections 9B, 9C of the Explosives Substances Act, 1884 and Sections 4 and 6 of the Explosive Substances Act, 1908 in the Court of concerned Judicial Magistrate, First Class, Sagar against 11 persons including four persons from RECL viz. respondent No. 1 herein (Managing Director), K. Edward Kelly (Director, Operations), Vinod Kumar Garg (Chief Manager, Marketing) and Rakesh Kumar Agrawal (Manager, Marketing). The array of accused persons, inter alia, included Devendra Singh Thakur, Jai Kishan Ashwani, Rajendra Choubey, Gopal Shakyawar, Shiv Charan Heda, Deepa Heda and Alakh Das Gupta. After filing of the charge-sheet, the Magistrate took cognizance of the offences. Similar charge-sheet under Sections 420, 467, 468, 471, 120-B, 201/34, IPC read with Sections 9B and 9C of the Explosives Substances Act, 1884 and Sections 4, 5 and 6 of the Explosive Substances Act, 1908 was filed after investigation into another FIR lodged at Police Station Chanderi, District Ashok Nagar as FIR/ Crime No. 310/2010 on 26.8.2010 for the supply of explosives during the period from 1.4.2010 to 30.6.2010 by RECL to another firm M/s. Sangam Explosives, Halanpur in Chanderi, District Ashok Nagar. This charge-sheet was filed in the Court of concerned Judicial Magistrate, First Class, Chanderi against 8 persons including four from RECL viz. respondent No. 1 herein (Managing Director), K. Edward Kelly (Director, Operations), Vinod Kumar Garg (Chief Manager, Marketing) and Rakesh Kumar Agrawal (Manager, Marketing). The array of accused persons, inter alia, included Rajendra Kumar Choubey, Anil Dhupad, Shiv Charan Heda and Jai Kishan Ashwani. In this case too, the Magistrate took cognizance of the offences on 25.11.2010. Subsequently on 5.9.2010, in respect of supplies made by RECL during the period from 1.4.2010 to 5.9.2010 to M/s. Ganesh Explosives, Sagar and to M/s. Sangam Explosives, Chanderi, third FIR on the report submitted by a Committee constituted to investigate into a news published in the newspaper regarding disappearance of trucks carrying explosives was lodged at Police Station Dholpur as FIR/Crime No. 427/2010 and the police after due investigation filed charge-sheet on 4.12.2010 against 16 persons for offences under Section 420, 465, 467, 468, 471, 120-B, IPC read with Sections 5, 9B and 9C of the Explosives Substances Act, 1884 and Sections 5 and 6 of the Explosive Substances Act, 1908 in the Court of Chief Judicial Magistrate, Dholpur, Rajasthan including the four office bearers of RECL viz. respondent No. 1 herein (Managing Director), K. Edward Kelly (
