STATE OF RAJASTHAN Vs. JAMSHED

JUDGEMENT

(1.) This revision petition under Section 397 Cr.P.C. is directed by the petitioner-State against the impugned order dated 29.03.2011 passed by the learned Additional Sessions Judge(Fast Track) Tijara, District Alwar(hereinafter referred to as 'the Trial Court') in Sessions Case No. 16/2010, whereby the Trial Court has discharged the respondent Jamshed S/o. Shri Aamin from the charges under Sections 4 and 5 of Explosive Substance Act 1908.

(2.) Having heard learned Public Prosecutor for the petitioner-State and considering the submissions made on behalf of the petitioner-State, I have carefully perused the impugned order and material available on record.

(3.) At this stage, it is an admitted fact that prosecution has filed charge sheet against the respondent under Sections 4 and 5 of the Explosive Substance Act, 1908 and Section 7 of the Act of 1908 provides that no Court shall proceed to the trial of any person for an offence against this Act except with the consent of the Central Government(District Magistrate). In this case, no prosecution sanction has been obtained by the prosecution till now, which fact has also been admitted by learned Public Prosecutor for the petitioner-State.