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2015 Supreme(Tri) 744

S.TALAPATRA
Tamal Roy Bardhan – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant :Ms. H.K. Bhowmik, Advocate
For the Respondent: Mr. R.C. Debnath, Addl. P.P.

JUDGMENT :

By means of this application under Section 482 of the Cr.P.C., the order dated 12.06.12 delivered in Criminal Revision 11(3)/2011 by the Additional Sessions Judge, Court No. 2, West Tripura, Agartala has been challenged. To place the requisite facts, it will be apposite to state that on the basis of the written ejahar dated 28.07.2009 lodged by one Assistant Sub-Inspector of police, Jirania P.S. case No. 43 of 2009 under Section 25(i)(a) of the Arms Act was registered and having observed the complicity of the petitioner in the said case he was arrested allegedly with the arms. After the investigation was complete, the final police report charge sheeting the petitioner under Section 25(i)(A), 25(i)(B) and 25(1)(c) of the Arms act was filed. The District Magistrate, West Tripura, Agartala, by his order dated 29.03.2010, Annexure-2 to this petition, after due verification and appreciation of the materials placed before him has accorded sanction under Section 39 of the Arms Act to prosecute the petitioner.

2. At the time of the discussion of the charge the defence contended that no other charge can be framed against the accused beyond Section 25(i)(a). No charge can be framed


























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