CHANDRA PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This Misc. petition under Sec. 482 Crimial P.C. has been filed against the order dated 5.7.2013 passed by Additional Sessions Judge, Bandikui Camp at Mahuwa District Dausa in Sessions Case No. 35/2011 whereby the application under Sec. 300 Crimial P.C., has been dismissed.

(2.) The short facts of case giving rise to this petition are that earlier F.I.R. No. 39/1996 was registered at Police Station Gandhi Nagar, District Jaipur and during the course of investigation of above F.I.R. on the information of accused Pappu @ Salim Khan, search was made at Roopbas and some explosive articles were shown to be recovered from the conscious possession of the present petitioner and after investigation challan was filed and present petitioner was convicted for the same in Sessions Case No. 8/2008 (arising from F.I.R. No. 39/96). Thereafter, again F.I.R. No. 305/1997 was registered for the offence under Sections 4, 5 of the Explosives Substance Act and Sec. 9(B) of the Indian Explosives Act. The present petitioner moved application under Sec. 300 Crimial P.C., on the contention that recovery which has been made in F.I.R. No. 39/1996 is only basis for F.I.R. No. 305/97 and after considering the facts of the case, particularly that recovery of explosives Articles in F.I.R. No. 39/1996 is only basis for the prosecution of the present petitioner in F.I.R. No. 305/97, the present petitioner has been discharged.

(3.) Again at Police Station Mahuwa, District Dausa F.I.R. No. 148/1996 was registered on the strength of same recovery which has been made basis in F.I.R. No. 39/96 and present petitioner has been charge-sheeted for the same. The present petitioner moved an application under Sec. 300 Crimial P.C. which has been rejected, hence this petition.