SUSHILA Vs. UNION OF INDIA

JUDGEMENT

(1.) This petition is by the widow of Dilbagh Singh. He was one of the accused in case FIR No. 89/85 of P.S. Delhi Cantt. for offences under Sections 186, 353, 332/34 and 307/34, Indian Penal Code along with three others, namely Baleshwar Solanki, Ram Lal and Padam Singh. With respect to the same occurrence, another case was registered vide FIR No. 90/85 at P.S. Delhi Cantt for offence under Section 27 of Arms Act, 1959(Act No.54 of l959) against Padam Singh,son of Subh Ram, the sole accused in that case.

(2.) Dilbagh Singh, the petitioner's husband, was the holder of arms licence No. 61 /PS/Rai/SDM/S for .32 bore revolver No. H-108289, Make-Smith & Wessions for which FIR No. 90/85 was registered against Padam Singh. The said revolver was recovered from the possession of Padam Singh and was case property in FIR No. 90/85. Padam Singh was tried for offence under Section 27 of Arms Act in FIR No. 90/85 in the Court of Metropolitan Magistrate, New Delhi. During pendency of trial, Padam Singh expired on 27.4.1986. On 6.6.1986 proceedings against Padam Singh were dropped by the Metropolitan Magistrate by the following order:

(3.) While disposing of the proceedings and directing the file to be consigned to record room, no order was passed by the Metropolitan Magistrate with respect to disposal of the revolver.