SUBHASH CHANDRA JAIN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS revision has been directed against the order dated 27-2-97 passed by the Judicial Magistrate, First Class, Bijawar, District Chhatarpur, whereby the application filed under Section 319 of the Code of Criminal Procedure, 1973 (for short 'the Code') has been allowed.

(2.) NO exhaustive statement of facts are necessary for the disposal of this revision petition. Suffice it to say, that the charge-sheet under Section 3/5 of the Explosive Substances Act, was filed in the Committal Court wherein an application under Section 319 of the Code was moved by the prosecution on 3-2-97 to array the applicant Subhash Chandra Jain as an accused. This application was allowed by the impugned order. Hence, this revision.

(3.) IN this revision petition, Shri Harpreet Ruprah, learned Counsel for the applicant has vehemently argued and submitted that the case under Section 3/5 of the Explosive Substances Act is triable by the Court of Sessions and hence the Committal Court was not enjoying any jurisdiction to allow the application filed under Section 319 of the Code. To bolster his contention he has placed heavy reliance on the decision of the Apex Court in the case of Raj Kishore v. State of Bihar, AIR 1996 SC 1931, and the decision of this Court in the case of P. P. Chandra v. State of M. P. , 1996 JLJ 76.