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Judgment
B.V. Pinto, J.—Heard the learned counsel for the petitioner. This revision petition is filed challenging the order dated 21.02.2012 passed by the FTC-V, Madhugiri in SC No. 43/08 rejecting the application filed by the petitioner seeking to discharge him from the said case which is registered for the offences punishable u/s 25 of the Indian Arms Act and Sections 4 and 5 of read with Sec. 120-B of IPC.
Out of 10 accused, only the petitioner who is arraigned as accused no. 1 has come up before this Court seeking the said relief. It is specifically mentioned by the FTC-V that the petitioner has been charge-sheeted on the allegation that the accused had conspired and prepared a plan to murder one C.K. Babu, Ex-MLA of Chittoor for Rs. 7 lakhs and from accused nos. 1 and 6, the Police have recovered six bombs, a pistol and three bullets. Based on the recovery from the possession of the petitioner, the Police have registered a case in Cr.No. 14/2006 and investigation was carried on and subsequently, charge-sheet came to be filed.
Since the matter is triable by the Court of Sessions, matter was committed to Court of Sessions for trial according to law. The petitioner was absconding for a long time and now that he has been arrested and the case has been proceeded with. The Trial Court has remanded him to the Police custody. So far as discharge is concerned, prima facie an offence under the Indian Arms and Explosive Substances Act as well as Indian Penal Code is made out from the material produced by the petitioner before this Court. There is no good ground to resile from the order of the learned Sessions Judge in rejecting the application for discharge. There is no/merit in the petition. Hence, the petition is dismissed.