- (1.) Heard the learned Advocates for both the sides.
(2.) Challenge is to the order dated 24th January, 2013 passed by the learned Chief Judicial Magistrate, Port Blair in GR Case No. 2640 of 2007 thereby rejecting an application under Section 239 of the Cr.P.C. filed by the accused petitioner herein. On the basis of an FIR, the police after completion of investigation submitted a charg-esheet against the petitioner under Sections 420/511 of the Indian Penal Code. After one round of litigation before this Hon'ble Court, the matter was fixed for framing of charge and at that time, the application under Section 239, Cr.P.C. was filed by the accused/petitioner which was rejected by the impugned order for the second time.
(3.) Being aggrieved, this application has been preferred.;