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2014 Supreme(MP) 388

B.D.RATHI
Sharad Kumar Agrawal – Appellant
Versus
State of M. P. – Respondent


Advocates:
Yogesh Chaturvedi for petitioner; J. M. Sahni, Panel Lawer for respondent/State.

ORDER

1. This petition, under section 482 of the Code of Criminal Procedure, has been preferred for quashment of entire proceedings pending in Session Trial No.25/2010 in the Court of Sessions Judge, Mungaoli, District Ashok Nagar for the offence punishable under sections 4 and 5 of the Explosive Substances Act, 1908 which has arisen out of the Crime No.135/2009 dated 9.4.2009 registered at Police Station Chanderi, District Ashok Nagar (M.P.)

2. As per the prosecution case, on 9.4.2009 at about 08:05 p.m. a truck bearing number MP09 KB3627 was searched by the police. During search, 320 bags of Ammonium Nitrate were seized vide seizure memo dated 9.4.2009. Relevant documents of registration, permit, fitness etc. were also seized. Initially, Crime was registered at outpost Rajghat, District Ashok Nagar and thereafter original FIR was registered at Crime No.135/2009 at Police Station Chanderi, District Ashok Nagar (M.P.) for the offence punishable under sections 4 and 5 of the Explosive Substances Act.

3. After completion of the investigation, charge-sheet was filed and the case was committed to the Court of Session where Session Trial No.25/2010 was registered.

4. It is submitted by Shri








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