MANNARU Vs. STATE

JUDGEMENT

(1.) This Criminal Revision Case has been filed against the order passed by the first respondent in M.C.No.132/2022/A3, dtd. 6/1/2023.

(2.) The proceedings has been initiated under Ses. 122 (1)(b)Cr.P.C., stating that this petitioner is involved in illegal transporting of Ganja. Reading of the order shows that there is complete non-application of mind. It has been stated that on 6/1/2023 the above said order has been passed only based on the FIR in Crime No.846 of 2022 on the file of the second respondent registered for the offence punishable under Ss. 147, 148, 294(b), 353, 307 and 120B, 115 of IPC r/w Ses. 25(1)(b) of the Arms Act and Ses. 3 and 5 of the Explosive Substance Act 1908 against the petitioner and 14 accused persons and no enquiry was undertaken as contemplated under Ses. 122 (1)(b) of Cr.P.C.

(3.) The learned Government Advocate (Crl. side) appearing for the respondent submitted that the procedure has been followed properly.