RAJAB ALI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner has preferred this criminal misc. petition under Section 482 Cr.P.C. against the order passed by learned Additional Munsif and Judicial Magistrate No. 6, Jodhpur in FIR No. 56/2014 registered at Police Station Soorsagar in Criminal Original Case No. 2012/2014 by taking the cognizance on 19.09.2014 under Sections 286 & 336 IPC.

(2.) The allegation is that while an investigation was conducted by the ATS Rajasthan, Jaipur, Camp Jodhpur for the offence under Sections 3, 4 & 5 of the Explosive Act and Section 286 & 336 of IPC were being investigated finally against the petitioner, a charge sheet has been filed for the offences under Sections 286 & 336 of IPC.

(3.) Learned counsel for the petitioner has vehemently submitted that the petitioner is a license holder and was authorized to deal with the business of explosive and was not involved in the actual incident. It is submitted that only allegation against the petitioner is that he was having his own license and his brother is also holding the same license and certain material from his shop were sold in violation of the conditions of the license granted by the District Magistrate.