SHASHIKANT R KULKARNI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present Revision Application, applicant/orig.accused No. 9 in C.R. No. I220/2006 registered with Kalamboli police station, Navi Mumbai prayed for setting aside the order dated 6th December, 2010 passed by the Sessions Judge, Alibaug. The said order was passed in Sessions Case No. 27/2010 which arise out of investigation in C.R. No. I220/2006 registered with Kalamboli police station for the offences punishable under Section 302 r/w. 34 and Sections 325 & 27 of the Arms Act. However, so far as the present applicant is concerned, apparently the charge against him is that of criminal conspiracy for the offence punishable under Section 320 r/w. 120B of Indian Penal Code.

(2.) As mentioned above, the order dated 6th December, 2010 passed in Sessions Case No. 27/2010 rejecting the application for discharge of present applicant/accused No. 9 is challenged in the present matter. It is prayed that the present applicant be discharged from the said Sessions Case No. 27/2010 pending on the file of the Sessions Court, Alibaug.

(3.) Prior to adverting to the rival arguments which were heard at length on previous dates, certain factual position is required to be mentioned in order to ascertain the scope of the present application for setting aside the order of rejecting discharge application of the present applicant/accused No. 9.