GODFREY LAWRENCE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY consent heard forthwith.

(2.) HEARD Mr. N. Costa Frias, learned Counsel on behalf of the applicant and Mr. C. A. Ferreira, learned Public Prosecutor on behalf of the respondent.

(3.) THE applicant herein was an accused in C. C. No. 33/s/2001/c which was filed against him by the State under Sections 447, 506 (II) I. P. C. and Section 25 of the Arms Act, 1958. By Order dated 1112002 of the learned J. M. F. C. , the accused came to be discharged under all the aforesaid Sections of law. The State preferred a revision before the Court of Session at Panaji. The revision came to be disposed of by the learned Additional Sessions Judge by Order dated 2512006. The main grievance of the applicant/accused is that he was not heard at the time of hearing of the said revision. From the impugned Order of the learned Additional Sessions Judge, it appears that the learned Additional Sessions Judge has maintained the finding as regards the discharge of the accused under Section 506 (II) and Section 25 of the Arms Act, 1958 but has ordered that charge be framed against the accused under Section 447 I. P. C.