RAMESH CHHANABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned Counsel Mr.K.J.Shethna for petitioner and learned APP Mr. Pradip D. Bhate for the respondent State. Record and Proceedings of the Trail Court was called for and received by this Court. In addition to this, Investigating Officer Mr.D.P. Bhrambhatt, the then PSI of Bilimore Police Station, was present, to assist the learned APP, with all relevant papers.

(2.) The matter was heard finally upon the request of learned counsels for the parties because the papers are available.

(3.) The present petitioner Ramesh Chhanabhai Patel, vide Exh.1 in Sessions Case No.50 of 1998, of Additional Sessions Judge, Valsad, preferred an Application to discharge him from the offences punishable under Sections 147, 148, 149,307, 427 and 120-B of the Indian Penal Code and under Sections 3, 4 and 6 of the Explosive Substance Act, 1908. Learned Additional Sessions Judge was pleased to reject the Application for discharge filed by the petitioner, vide his order dated 13th of August, 2004. Originally, there were two submissions before the Trial Court that, firstly, there was no prima facie material against the present petitioner to proceed further and that without obtaining consent of the District Magistrate under Section-7 of the Explosive Substance Act, 1908, no cognizance can be taken by the court. So far as the second contention is concerned, that is waived in this Revision Application by this petitioner, and main thrust is upon whether there is prima facie case against the petitioner.