LAWS(UTN)-2011-8-101

GULZAR SINGH CHEEMA S/O. JAGIR SINGH Vs. STATE OF UTTARAKHAND THROUGH SECRETARY AND STATION HOUSE OFFICER

Decided On August 11, 2011
Gulzar Singh Cheema S/O. Jagir Singh Appellant
V/S
State Of Uttarakhand Through Secretary And Station House Officer Respondents

JUDGEMENT

(1.) HEARD .

(2.) BY means of this petition moved under Section 482 of Code of Criminal Procedure, 1973 (for short Code of Criminal Procedure), the Petitioner has sought quashing of the order dated 14.03.2011, passed by the Sessions Judge, Udham Singh Nagar, in criminal revision No. 44 of 2011, Gulzar Singh Cheema v. State, whereby the order dated 23.03.2011, passed by Chief Judicial Magistrate, Udham Singh Nagar, refusing to release the revolver of the Petitioner, is affirmed.

(3.) THE Chief Judicial Magistrate, has refused the release of property in favour of the Petitioner only on the ground that the Petitioner had criminal history. The order passed by the learned Sessions Judge, affirming the order of the Magistrate shows that he has refused to release the property (revolver) to the Petitioner only on the ground that during the pendency of the revision the period of license is expired.