RAMZAN KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS revision is directed against the order of the learned Sessions Judge, Jalore dated llth September, 1979, whereby, he allowed the revision filed by the State and set -aside the order dated 29 9 -1978 passed by the Judicial Magistrate, Bhinmal discharging the petitioner for the offence Under Section 420 IPC.

(2.) THE gravemen of the charge against the petitioner is, that he submitted an application for renewal of licence of his D88L gun No. 105293 to the S.D.M. Bhinmal and got it renewed on 24 -11 -1972 and further got the renewal of the licence from S.D.M. Jaitaran on 14 -12 -1975 knowing it fully well that his licence had already been suspended by S.D.M Beawar by order No. 42 dated 15/16 4 -1969 and after getting the licence renewed obtained his D.B.B.L. gun from the court of S O M Bhinmal. His gun and the licence were recovered in connection with the investigation of an opium case, in which, he was convicted and his licence was suspended on account of illegal possession of 25 cartridges. The petitioner was convicted and he was sentenced to pay a fine of Rs. 50/ -. In that case with regard to his plea, the petitioner stated that he had no knowledge of suspension of the licence. The learned Judicial Magistrate Bhinmal did not find any prima -facie case against the petitioner so, discharged him. How ever, on the state revision, the order was set -aside, and the learned Sessions Judge on the basis of the material on record, found that there are sufficient grounds to proceed against the petitioner and the charge is not groundless.

(3.) THIS revision has no force, so, it is here by dismissed.