NISHIT Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel as also learned Public Prosecutor.

(2.) The relevant facts of the case are that an FIR came to be filed on 23.11.2009 for the offence under Section 3/25 Arms Act. After investigation charge-sheet came to be filed for the offence under Section 7/27 of the Arms Act. Charge was also framed for the same offence by the Court of CJM, Jhunjhunu. During the course of trial, in all 10 prosecution witnesses were examined and at the stage of culmination by trial, learned trial court passed an order dated 12.5.2016 to commit the case to the sessions court under the provisions under Section 323 Cr.PC on the basis of the application filed by the prosecution.

(3.) This order came to be challenged by the accused petitioner by filing criminal revision before learned Sessions Judge who, vide his order dated 22.9.2016 rejected. However, liberty was granted to the accused-petitioner to raise all the objections at the time of the charge arguments before the sessions court.