INDERDEO SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE learned Additional Sessions Judge, Ajmer, by his order dated March 18, 1974 has recommended to this Court that the order of the learned Sub-Divisional Magistrate, Kishangarh, whereby he rejected the application of the petitioner Inderdeo Singh Yadav under sec. 403 of the Code of Criminal Procedure be quashed.

(2.) THE facts of this case briefly stated are that the accused, who was a member of the Central Reserve Police, was found in possession of two full and one empty cartridge of sec. 303 bore when his luggage was searched by the Central Reserve Police Officials. He was prosecuted before the Assistant Commandant, Central Reserve Police, who exercising powers of Second Class Magistrate, convicted him under sec. 10 of the C. R P. F. Act, 1949. THEreafter the police presented a challan against the accused for an offence punishable under sec. 25 of the Arms Act on the same set of facts. THE accused made an application before the Sub-Divisional Magistrate that having been convicted on the same facts he could not be tried again. THE learned Magistrate rejected the application on the ground that the Assistant Commandant did not have the power to try the offence under sec. 25 of the Arms Act. Aggrieved by this order the accused preferred a revision-application which came to be considered by the learned Additional Sessions Judge, Ajmer, and he has made the recommendation indicated earlier After citing seven decided cases the learned Additional Sessions Judge came to the conclusion that the prosecution wants to prosecute the accused again on the same set of facts for the offence punishable under sec. 25 of the Arms Act and it was not permissible under sec. 403 of the Code of Criminal Procedure.