MOHD SHER KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) An FIR was lodged at Police Station Shambhupura on 27.12.2000 with allegation that the petitioner, a mine operator with assistance of certain other persons, undertook a powerful explosion that caused heavy losses to the property situated in nearby village. On completion of the investigation, Officerincharge of the Police Station, forwarded to the competent Magistrate a report in accordance with the provisions of Section 173 (2) Cr.P.C. with allegation of the Commission of offences punishable under Sections 286 and 336 IPC

(2.) An application supported by an affidavit sworn in by the officer-incharge, Police Station, Shambhupura was also filed seeking condonation of delay in filing police report and to take cognizance of the offences. As per the prosecution, the delay occurred as the record of the case was sent to the CID, wherefrom it was received on 18.10.2003 and soon thereafter the report was filed on 22.12.2003.

(3.) The delay occurred was condoned by the Magistrate on 3.8.2004, and a revision petition against that was also dismissed by learned Additional Sessions Judge No. 1, Chittorgarh vide order dated 29.8.2005 with observation that the prosecution has appropriately explained the delay, thus, the Judicial Magistrate rightly condoned the same in the interest of justice. Being aggrieved by the order passed by learned Additional Sessions Judge and also the Judicial Magistrate, this misc. petition as per provisions of Section 482 Cr.P.C. is preferred.