Allahabad High Court
Dheeru Saha Dheeru Alias Dhirendra Saha vs State Of U.P. And Another on 30 May, 2025
Author: Saurabh Srivastava
Bench: Saurabh Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:94039 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18715 of 2025 Applicant :- Dheeru Saha Dheeru Alias Dhirendra Saha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J.
1. Heard Sri Amit Saxena, learned counsel for applicant and learned A.G.A. for State.
2. Through the instant application, quashing of the entire proceedings in shape of S.T. No.55 of 2025 (State vs. Banne Khan and Others) arising out of Case Crime No.163 of 2024, under sections 105/61(2) and 118/61(2) B.N.S. and sections 3(b)/5(b) of Explosive Substances Act, 1908 and section 9B of Explosive Act, 1884, P.S. Samthar, District- Jhansi, pending in the court of learned Additional Session Judge, Court No.2, Jhansi including framing of charge order dated 30.01.2025 as well as charge-sheet dated 23.12.2024 has been sought.
3. At the very outset, learned counsel for applicant stated that applicant has already been granted bail in the instant matter by co-ordinate Bench of this Court vide order dated 10.02.2025.
4. While challenging the order dated 30.01.2025, learned counsel for applicant submitted that in pursuance to Case Crime No.306 of 2024, wherein applicant has already been implicated in pursuance to sections 5A/9B of Explosive Act, 1884, wherein the applicant is facing trial and in pursuance to the instant matter against the applicant charges have been framed under sections 106/61(2) & 118/61(2) B.N.S. and sections 3(b)/5(b) of Explosive Substances Act, 1908 and section 9B of Explosive Act, 1884.
5. Learned counsel for applicant further submitted that in pursuance to section 9B of Explosive Act, 1884 applicant is already facing trial at District Jalaun in pursuance to Case Crime No.306 of 2024; so far as regarding sections 3b/5b of Explosive Substances Act, 1908, it is submitted that as per definition of "special category explosive substance", which is mentioned under section 2(b), the "special category explosive substance" shall be deemed to include research development explosive (RDX), penta erythritol tetra nitrate (PETN), high melting explosive (HMX), tri nitro toluene (TNT), low temperature plastic explosive (LTPE), composition exploding (CE) (2, 4, 6 phenyl methyl nitramine or tetryl), OCTOL (mixture of high melting explosive and tri nitro toluene), plastic explosive kirkee-1 (PEK-1) and RDX/TNT compounds and other similar type of explosives and a combination thereof and remote control devices causing explosion and any other substance and a combination thereof which the Central Government may, by notification in the Official Gazette, specify or the purposes of this Act." No such substance has ever been used by the applicant and the same has not been mentioned at the time of preferring charge-sheet against the applicant and as such charges cannot be fastened upon the applicant in pursuance to sections 3b/5b of Explosive Substance Act, 1908.
6. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application and submitted that instant application is liable to be dismissed on the ground that it is well proved during investigation and in pursuance to statement recorded by one of the injured that applicant is the supplier of raw material; in pursuance to Case Crime No.306 of 2024, wherein the applicant has been implicated in pursuance to sections 5A/9B of Explosive Act, 1884 on the basis of recovery of certain explosive substance from the premises of applicant.
7. After hearing rival submissions extended by learned counsel for the parties, it is crystal clear that once the proceeding has already been initiated in shape of trial in pursuance to Case Crime No.306 of 2024, under sections 5A/9B of Explosive Act, there is hardly any occasion for initiating separate trial in pursuance to the charges framed specifically under section 9B of Explosive Act. So far as regarding sections 3b/5b of Explosive Substance Act are concerned, implication of applicant in pursuance to sections mentioned in the Explosive Substance Act, 1908 is not at all attracted since there is hardly any report submitted by concerned investigating officer or recital of any "special category explosive substance" in the statement recorded by any of the witnesses, which has been purchased or used at the behest of applicant.
8. In view of aforementioned facts and circumstances, learned court of Additional District and Session Judge, Court No.2, Jhansi is hereby directed to proceed with the trial against the applicant in shape of S.T. No.55 of 2025 (State vs. Banne Khan and Others) only in respect of sections 105/61(2) and 118/61(2) B.N.S. and as such the order dated 30.01.2025 stands modified in terms of direction as made above. Charges framed in respect of section 9B of Explosive Act, 1884 and sections 3b/5b of Explosive Substance Act, 1908 mentioned in the order dated 30.01.2025 are hereby set at rest.
9. The instant application stands partly allowed accordingly.
Order Date :- 30.5.2025 Saif