SANDEEP MEHTA,J. - (1.) Heard learned Counsel for the parties. Perused the material available on record.
(2.) The instant misc. petition has been preferred by the accused petitioners for assailing the order dated 14.1.2020 passed by the learned Sessions Judge No. 5, Jodhpur Metropolitan in Revision No. 12/2020 affirming the order dated 8.1.2020 passed by the learned Metropolitan Magistrate No. 3, Jodhpur in connection with FIR No. 336/2019 whereby, the application preferred by the petitioners under Section 167(2) Cr.P.C. was dismissed.
(3.) The FIR aforesaid came to be registered against the petitioners for the for the offences under Sections 353, 472, 307/34 of the I.P.C. and Section 3/25 of the Arms Act at the Police Station Mandore, Jodhpur. The accused petitioners were arrested by the investigating agency and were produced before the learned Magistrate on 21.9.2019 and were remanded to custody. The investigating agency filed a report under Section 173 Cr.P.C. in the Court concerned on 23.12.2019. However, it seems that the report was not registered and cognizance was not taken because the Presiding Officer was on leave. The matter was deferred to 4.1.2020 for considering the office report. The case came up before the learned Metropolitan Magistrate on 4.1.2020 with the office report as per which, the documents filed by the investigating agency alongwith the charge-sheet were stated to be complete but the bail bonds of two witnesses did not bear their photographs and the sanction to prosecute the accused for the offence under Section 3/25 of the Arms Act was lacking. The learned Magistrate, took note of this office report and on the very same day i.e. on 4.1.2020, the investigation file was returned to the I.O. through the Assistant Prosecuting Officer (hereinafter referred to as 'the APO") for being submitted back in the Court on 6.1.2020. It may be mentioned here that by this date i.e.;