1. - The petitioner is aggrieved by the order dated 05.04.2010 passed by the learned Additional District & Sessions Judge, Fast Track No.1, Jaipur District, Jaipur whereby the learned Judge has remanded the case back to the Additional Chief Judicial Magistrate, Jaipur District and has "directed" him to frame charges against the petitioner under Sections 5, 6/9B of the Explosive Act, 1884 ("the Act of 1884", for short)

2. The brief facts of the case are that on 26.05.2007, one Jagdish Prasad, ASI, lodged a written report at Police Station, Kalwar, Jaipur for offences under Sections 3, 4 and 5 of the Explosive Substances Act, 1908 (hereinafter referred to as "the Act of 1908") against the petitioner. On 05.07.2007, after due investigation, the police submitted a charge-sheet against the petitioner under Section 5 of the Act of 1908 before the Court of Additional Civil Judge (Junior Division) and Judicial Magistrate No.2), Jaipur District, Jaipur. After examining the prosecution witnesses as well as defence witnesses, during the course of final argument, an objection was raised by the petitioner; he claimed that since the offence under Section 5(1)(b) of the Act of 1908 was pu