After 5 years, NIA files chargesheet in Malegaon blast case

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Mumbai, May 14,2016 – National Investigation Agency has submitted the second supplementary Final Report u/s 173 (8) Cr.P.C. in the NIA Special Court at Greater Mumbai, Maharashtra on 13/05/2016 in NIA Case Number RC-05/2011/NIA/DLI. The case generally being referred as Malegaon Bomb Blast Case-2008.

Brief of the Case – On 29/09/2008, at about 21.35 hrs., there was a bomb explosion opposite Shakeel Goods Transport Company, between Anjuman Chowk and Bhiku Chowk, Malegaon, Maharashtra. The blast took place by an improvised explosive device fitted in a LML Freedom motorcycle. As a result of the explosion six persons were killed and 101 injured.

In this connection, Azad Nagar P.S. Case Number CR. No. 130/08 dated 30.09.2008 was registered. The same was subsequently re-registered and investigated as Anti-Terrorist Squad Police Station Case CR. No. 18/08 dated 21.10.2008. Maharashtra Police Azad Nagar Police Station invoked the provisions of U.A. (P) Act in the case on 18.10.2008 and ATS Mumbai added the provisions of MCOC Act on 20.11.2008. After the completion of investigation, on 20/01/2009, A.T.S., Mumbai submitted the first charge sheet against the eleven [11] arrested and three [3] wanted accused persons vide M.C.O.C. Special Case No. 01/2009 on 20.1.2009 and the cognizance of the offence was taken by the court. A supplementary charge sheet was filed vide CS No. 08/2011 on 21.4.2011 by A.T.S. Mumbai and cognizance of the offence was taken by the concerned court.

The investigation of this case was taken over by the National Investigation Agency, New Delhi in pursuance of the order of Government of India No.1-11034/18/2011-IS-IV dated 01/04/2011. Since the accused persons had filed various petitions in Higher Courts, including the ones regarding applicability of MCOC Act in the instant case, the investigation of the case was delayed till April 2015 when the Apex Court adjudicated on them.
After undertaking a pain-staking and professional investigation, the following accused  persons have been recommended for prosecution under the sections of law as mentioned below:-

SSl. No.
Name of Accused
Section of Law under which prosecution have been recommended.
1
Ramesh Shivaji Upadhyay (A-4)
Section 120B, 302, 307, 324, 326, 427, 153A of IPC.
Section 3, 5, 25 of Arms Act.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15, 16,17, 18,  20 & 23 of UA(P) Act 1967.
2
Sameer Sharad Kulkarni (A-5)
Section 120B, 302, 307,324, 326, 427, 153A of IPC.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section 13, 15, 17, 18,  20 & 23 of UA(P) Act 1967.
3
Ajay Rahirkar (A-6)
Section 120B, 302, 307, 324, 326, 427, 153A of IPC.
Section 3, 5, 25 of Arms Act.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15, 16,17, 18,  20 & 23 of UA(P) Act 1967.
4
Rakesh Dhawde (A-7)
Section 120B, 302, 307, 324, 326, 427, 153A of IPC.
Section 3, 5, 25 of Arms Act.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15, 16,17, 18,  20 & 23 of UA(P) Act 1967.
5
Jagdish Chintaman Mahatre (A-8)
Section 3, 5, 25 of Arms Act.
6
Prasad Shrikant Puruhit (A-9)
Section 120B, 302, 307, 324, 326, 427, 153A of IPC.
Section 3, 5, 25 of Arms Act.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15, 16,17, 18,  20 & 23 of UA(P) Act 1967.
7
Sudhakar Dhar Dwevedi (A-10)
Section 120B, 302, 307, 324, 326, 427, 153A of IPC.
Section 3, 5, 25 of Arms Act.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15, 16,17, 18,  20 & 23 of UA(P) Act 1967.
8
Sudhakar Chaturvedi (A-11)
Section 120B, 302, 307, 324,326, 427, 153A of IPC.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15,16, 17, 18,20 & 23 of UA(P) Act 1967.
9
Ramchandra Kalsangra(A-13)
Section 120B, 302, 307, 324, 326, 427, 153A of IPC.
Section 3, 5, 25 of Arms Act.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15, 16,17, 18,  20 & 23 of UA(P) Act 1967.
10
Sandeep Dange(A-14)
Section 120B, 302, 307, 324, 326, 427, 153A of IPC.
Section 3, 5, 25 of Arms Act.
Section 3, 4, 5 & 6 of Explosives Substance Act.
Section  15, 16,17, 18,  20 & 23 of UA(P) Act 1967.

During investigation, sufficient evidences have not been found against the below mentioned persons and NIA has submitted in the Final Report that the prosecution against them is not maintainable –
i) Pragya Singh Thakur
ii) Shiv Narayan Kalsangra
iii) Shyam Bhavarlal Sahu
iv) Praveen Takkalki
v)Lokesh Sharma
vi) Dhan Singh Choudhury

During the course of investigation, it has been established that no offence under MCOC Act is attracted in the instant case. In furtherance of same, the confessional statements recorded under provisions of MCOC Act by ATS Mumbai have not been relied up on by the NIA in submitting the present Final report.

NIA has also prayed for permission for continuing the investigation of the aforementioned case according to the extant provisions of law.