PRAKASH CHANDRA GANDHARAV Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and learned counsel for the State.

(2.) PETITIONERS have challenged the order dated 23.12.2010 passed by learned A.C.J.M., Dumka in G.R. No. 1546 of 2005/T.R. No. 105 of 2010, whereby the application filed by the petitioners under Section 239 of the Cr.P.C. for discharge, was rejected by the Court below.

(3.) FOR the occurrence of the same date i.e. 26.6.2001, another Jama P.S. Case No. 78 of 2001 was instituted on the basis of the written application of Anil Maraiya, who is the same person Anil Sharma, making allegations against the petitioners for assaulting him and the case was instituted under Sections 341, 342, 323, 504/34 of the IPC. It appears that after the final form was submitted in Jama P.S. Case No. 77 of 2001 on 29.9.2001, application was filed on 27.11.2001, in Jama P.S. Case No. 78 of 2001 for adding Sections 406, 420 of the Section 25(1 -B)(a)/26/35 of the Arms Act, on the allegation that the pistol, that was said to have been recovered from Anil Sharma, was actually planted by these petitioners. Accordingly, the investigation was taken up. However, it appears that the chargesheet was filed in Jama P.S. Case No. 78 of 2001 only under Sections 341, 342, 323, 406, 420, 504/34 of the IPC, for which the petitioners were put to trial in G.R. Case No. 575 of 2001/T.R. No. 422 of 2008. After facing the trial, petitioners were acquitted by Judgment dated 3.6.2008, passed in the said case by learned S.D.J.M., Dumka, which has been brought on record as Annexure -5 to this application.