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State of Rajasthan Vs. Bhagwan Das Agrawal [17/12/13]

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[Criminal Appeal No. 2118 of 2013 arising out of Special Leave Petition (Criminal) No.8402 of 2011]. Aggrieved by the judgment and order dated 15th July, 2011 passed by the High Court of Madhya Pradesh, Principal Seat at Jabalpur, whereby the petition filed by respondent No. 1 herein (Bhagwan Das Agrawal) under Section 482 of the Code of Criminal Procedure, 1973 (for short, "Cr.P.C.") seeking relief to hold that the proceedings based on the subsequent and third FIR registered in Dholpur (Rajasthan) as Crime No. 427/2010 under Section 5/9B, 9C of the Explosives Act, 1884, in view of the provisions of Section 186 of Cr.P.C., be discontinued, was allowed, the appellant-State of Rajasthan has preferred the special leave petition being No. 8402 of 2011. The facts and circumstances giving rise to the present appeal are that in respect of alleged unauthorized and illegal supply of explosives by M/s. Rajasthan Explosives and Chemicals Ltd., Dholpur (for short, "RECL"), in which respondent No. 1 herein Bhagwan Das Agrawal was Managing Director, to M/s. Ganesh Explosives, Sagar during the period from 17.4.2010 to 29.6.2010 in contravention of the Explosives Act, a case at Police Station Baheria, District Sagar was registered on 13.7.2010 as FIR/Crime No. 161/2010.

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