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2025 DAILYLAW 4269 (JHR)

AJAY PRAKASH SINGH v. THE STATE OF JHARKHAND

Cr.Rev./83/2023 · 2025-02-13

Sanjay Prasad

body2025

Judgment text

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1 IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr. Revision No. 83 of 2023 …. Ajay Prakash Singh, S/O Surendra Prasad Singh, aged about 30 years, resident of Village- Siyari, PS + PO- Dhanwar, District- Giridih ...… Petitioner Versus The State of Jharkhand …… Opp. Party ----- CORAM: HON'BLE MR. JUSTICE SANJAY PRASAD ----- For the Petitioner : Mr. Prabhat Kumar Sinha, Advocate For the State : Mr. Arup Kumar Dey, A. P. P. …… 07/13.02.2025 The instant Criminal Revision Application has been filed on behalf of the petitioner challenging the order dated 30.11.2022 passed in MCA No. 911 of 2022 by the learned Additional Sessions Judge- I, Giridih by which learned Additional Sessions Judge- I, Giridih has rejected the discharge petition filed by the petitioner under Section 227 of the Cr. P. C. in connection with S.T. No. 87 of 2022 under Section 25 (1A)/26/27 of the Arms Act. 2. It is submitted by the learned counsel for the petitioner that the impugned order dated 30.11.2022 passed by the learned Court below is illegal and arbitrary and not sustainable in law. It is further submitted that the learned Court below has not properly appreciated the statement of the witnesses recorded in para-10, 11, 12, 20 and 21 of the case diary. It is also submitted that there is false allegation of recovery of pistol against the petitioner and even local villagers have not been made witnesses in this seizure list and hence, the impugned order may be set aside. 3. On the other hand, learned counsel for the State has opposed the prayer. It is submitted that charges have been framed 2 against the petitioner and as such, this Criminal Revision Application has become infructuous. 4. From perusal of the record, it appears that the petitioner is named in the FIR and there is recovery of one country made pistol along with live cartridges. 5. It also appears from perusal of the report sent vide Letter No. 104/2025 dated 06.02.2025 by Sri Sanjiv Kumar Verma, learned District and Additional Sessions Judge-V, Giridih, by which it has been informed that charges have been framed against the petitioner on 12.05.2023 and two charge sheet witnesses out of seven charge sheet witnesses have been examined so far and five charge sheet witnesses are yet to be examined. 6. Under the circumstances, Cr. Revision No. 83 of 2023 has become infructuous and Cr. Revision No. 83 of 2023 is dismissed as having become infructuous. (Sanjay Prasad, J.) Kamlesh/