SREEDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused in C.C.809/99 on the file of Judicial First Class Magistrate, Taliparamba are the revision petitioners. Prosecution case against the petitioners was that on 10.6.97 at about 1.30 p.m. petitioners were proceeding in autorikshaw KL 13B 6492 from Taliparamba side and first petitioner was driving the autorikshaw and they were carrying a licenced gun as well as an unauthorised country gun when they were arrested and guns were seized by the Police. After obtaining the sanction from the District Collector, they were charge sheeted before the learned Magistrate. The learned Magistrate framed charge for the offence under Section 12 read with Section 25(IB)(g) of Arms Act, hereinafter referred to as the Act. They pleaded not guilty. Prosecution examined 9 witnesses and marked six exhibits. Petitioners were questioned under Section 313 of Cr.P.C. and arguments were heard. The learned Magistrate then found that the petitioners were not properly charged for the offences in view of the amendment to the Arms Act. Thereafter charge was altered. After the alteration of the charge, petitioners 1 and 2 were charged for the offence punishable under Section 25(I-B) (g) read with Section 12 of Act and third petitioner for the offence under Section 25(3)(i) read with Section 5(2) of the Act. Petitioners are challenging the order of the learned Magistrate altering the charge.

(2.) Revision Petitioners would contend that the evidence adduced will not prove an offence alleged in the charge sheet submitted by the Police and sanction was accorded by the District Collector only for those offences and though petitioners were originally charged for the offence under Section 25(1)(g), there is no such offence and offence under Section 25(1)(c) was omitted by Act 42 of 1988 with effect from 27.5.1988 and in such circumstances the learned Magistrate should not have altered the charge without obtaining prior sanction from the District Magistrate and therefore order dated 5.10.04 passed by the learned Magistrate altering the charge has to be set aside.

(3.) Heard Advocate Sri. Maniprasad appearing for the petitioners and the learned Public Prosecutor.