- (1.) Heard counsel for the parties.
(2.) Petitioner in this revision application has challenged the order dated 18.1.2010 passed in S.T. No. 85/09 arising out of Nimlaghat P.S. Case No. 26/08 corresponding to G.R. Case No. 901/08 whereby the prayer for discharge of the petitioner under Sections 227 and 228 of the Code of Criminal Procedure has been rejected by the trial Court.
(3.) The fats of the petitioner's case in brief is as follows : The petitioner alongwith other accused persons were cited as accused in the aforementioned case which was registered for the . offences under Sections 25(1- B)/26/35 of the Arms Act, Sections 17 and 18 of the C.L.A. Act, Section 124(A) of the Indian Penal Code and Sections 3/4 of the Explosive Substance Act. After submission of the chargesheet, cognizance of the offences was taken by the Court below whereafter the case was committed to the Court of Sessions. At the stage of framing of charge, the petitioner had prayed for his discharge from the offence under Section 124(A) of the IPC and Sections 3/4 of the Explosive Substance Act on the ground that the petitioner cannot be put on trial for either of the aforesaid offences in view of the fact that no sanction for prosecuting the petitioner for the said offence was granted by the competent authority.;