Sukhdeo Bhuian vs State of Jharkhand

Hari Shankar Prasad, J.—This is an application u/s 482 of the Code of Criminal Procedure for quashing the cognizance dated 20.4.2002 taken by the learned CJM Hazaribagh.

SI Sri Rajesh Kumar office-in-charge Keredari Police Station, on his own statement, registered a case u/s 3(2) of the Prevention of Terrorism Act and various other sections under Arms Act, Explosives Substance Act and CLA Act and after investigation submitted charge-sheet. After submission of charge-sheet learned CJM took cognizance under the aforesaid sections against the petitioner and others and transferred the case to the Court of Sri P.K. Sukla, Judicial Magistrate, First Class, Hazaribagh for commitment of the case.

Learned counsel for the petitioner submitted that cognizance taken in the case is bad in law because Section 50 of the Prevention of Terrorism Act specially lays down that no Court can take cognizance of any offences under this Act without the previous sanction of the Central Government or State Government, as the case may be. He further submitted that in the instant case previous sanction of the Central Government or the State Government has not been obtained and, therefore, cognizance taken in the case by the learned CJM is bad in law.

On perusal of Section 50 of the Prevention of Terrorism, 2002, which is quoted herein below for ready reference, it appears that without previous sanction of the Central Government or the State Government, Court cannot take cognizance of any offence.

"50. Cognizance of offences.--No Court shall take cognizance of any offence under this Act without the previous sanction of the Central Government or, as the case may be, the State Government."

In the instant case, it is submitted that no sanction of the State Government has been obtained. It also appears from perusal of the impugned order that there is no mention of the fact that sanction of the State Government under the Act has been given and in that view of the matter, cognizance taken in the case u/s 3(2) of the Prevention of Terrorism Act, 2002 is bad in law and, therefore, the cognizance is quashed. However, the case is remitted back to the Court of learned CJM, Hazaribagh for proceeding further in the matter in accordance with law.

With the aforesaid observation and direction, this application is" disposed of.

Modification Order 21st January, 2003

ORDER

Heard.

It is stated that in order dated 28.11.2002, due to some mistake, PS Case No. and GR Case No. have not been mentioned. It is further stated that case is now pending in the Court of Special Judge-cum~ Judicial Commissioner, Ranchi, instead of CJM, Hazaribagh.

In that view of the matter, Keredari PS Case No. 7/2002 and GR Case No. 264/2002 shall be deemed to have been incorporated in the order dated 28.11.2002 passed in Cr MP No. 704 of 2002 and this order may be communicated to the Special Judge-cum-Judicial Commissioner, Ranchi in Special Case No. 79 of 2000. (Note :--Section 79 of 2002 as rectified vide order dated 24.1.2003).

This order is modified to this extent only.