Neutral Citation No. - 2025:AHC:82664 Court No. - 74 Case :- APPLICATION U/S 482 No. - 35125 of 2024 Applicant :- Ram Awadh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. Rejoinder affidavit preferred by learned counsel for applicant is taken on record. 2. Heard Sri Dhirendra Kumar Srivastava, learned counsel for applicant and learned A.G.A. for State. 3. The instant application has been preferred for quashing charge- sheet dated 28.09.2002 along with cognizance order dated 24.12.2002 and summoning order dated 24.01.2004 passed by learned Judicial Magistrate, Chakiya, Chandauli as well as the entire proceedings of Criminal Case No.1290 of 2002 arising out of Case Crime No.29 of 2002, under sections 5 of Explosive Substances Act, 1908, P.S. Naugarh, District- Chandauli, pending before learned court of Judicial Magistrate, Chakiya, Chandauli. 4. The sole ground taken up by learned counsel for applicant for challenging the veracity of the entire proceedings initiated against applicant in pursuance to Case Crime No.29 of 2002 instituted as Criminal Case No.1290 of 202, under section 5 of Explosive Substances Act, wherein after conduction of detail investigation concerned Investigating Officer preferred charge-sheet against so many accused, wherein applicant is one of them. Upon filing of the charge-sheet, learned court of Civil Judge (Junior Division)/Judicial Magistrate, Chakiya, Chandauli took cognizance of offence on dated 24.12.2002. 5. Learned counsel for applicant submitted that in respect of summoning order issued vide order dated 24.01.2004 by learned court concerned that the same came into the knowledge of applicant after passing non-bailable warrants vide order dated 20.08.2024, which arises cause of action in favour of applicant in pursuance to section 5 of Explosive Substances Act. 6. Learned counsel for applicant further submitted that section 5 of Explosive Substances Act is not under the category of offence and as such prosecution against the applicant is a futile exercise initiated at the behest of preferring charge-sheet, whereupon charges have not been framed till today. Although there is appearance of other co-accused before learned court concerned, but even though neither the implication of applicant has been altered in respect of charges nor the same has been framed and there is hardly any application preferred at the behest of State before learned court of concerned for alteration of charges. 7. Per contra, learned A.G.A. vehemently opposed the prayer as made in the application, but could not dispute the facts submitted by learned counsel for applicant. 8. Considering the pendency of the matter for last more than 23 years before learned court concerned after taking cognizance of offence, it is a pathetic system of law in which a poor litigant has been dragged in shape of proceedings initiated against 23 persons, wherein applicant is one of them. Somehow it is the case of prosecution which has been taken in a granted manner only by way of implicating certain persons even in pursuance to sections which is not come under the category of offence. 9. No useful purpose shall be served by way of permitting the prosecution to proceed with trial against the applicant once it is still not taking care that the charge-sheet has been framed in pursuance to section 5 of Explosive Substances Act, which is not an offence. 10. In view of the aforementioned facts related to the instant matter and on the ground of arguments raised by learned counsel for applicant, proceedings initiated in shape of Criminal Case No.1290 of 2002 arising out of Case Crime No.29 of 2002, under sections 5 of Explosive Substances Act, 1908, P.S. Naugarh, District- Chandauli, pending before learned court of Judicial Magistrate, Chakiya, Chandauli is hereby set-aside only in respect of applicant herein. 11. The instant application stands allowed accordingly. Order Date :- 17.5.2025 Saif Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad