BASUDEO KASERA Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THE petitioner has preferred this Cr. Revision for setting aside the order dated 13.4.2005 passed by the Additional Sessions Judge, F.T.C. -8, Hazaribagh in Sessions Trial No. 98/2002 whereby and whereunder the petition under Section 227 Cr.P.C. of the petitioner for his discharge was rejected.

(2.) THE petitioner had earlier preferred Cr.M.P. No. 4758 of 2001 against the order of taking cognizance dated 3.7.2001 which was dismissed.

(3.) LEARNED Counsel submitted that though the earlier charge -sheet was submitted in the year 1988 against the petitioner under various Sections of the I.R.C. but the District Magistrate, Hazaribagh accorded sanction on 19.2.2001 for the prosecution of the petitioner under Section 25(1 -B)A/27 Arms Act as also under Section 3/4/5 of the Explosive Substances Act with another accused Naresh Saw (Annexure -3). On the basis of the sanction order, aforesaid, the police submitted supplementary charge -sheet and accordingly C.J.M. took cognizance of the said offence on 3.7.2001 against the petitioner Basudeo Kasera and one Naresh Kasera which is not sustainable either in law or on facts.