NANDKISHORE SHRI RATHUNATHSINHYADAV Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THE present petition has been preferred against the order dated 19th January, 2004 in Criminal case no. 5783 of 2003 passed by the learned Judicial Magistrate, First Class, Ahmedabad (Rural), Ahmedabad, whereby the application preferred by the petitioner under section 451 of the Code of Criminal Procedure for getting muddamal back was rejected, as well as against the judgment and order dated 26th January, 2004 in Criminal Revision Application no. 12 of 2004 passed by the learned Additional Sessions Judge, Ahmedabad (Rural), Ahmedabad, whereby Revision Application was dismissed and the order passed by the learned Judicial Magistrate, First Class, Ahmedabad (Rural), Ahmedabad was confirmed. Thus, against these two concurrent findings, the present Special Criminal Application has been preferred, whereby the petitioner is demanding back fire-arm from the custody of police during pendency of the criminal trial, registered against him under section 30 of Indian Arms Act, 1959.

(2.) HAVING heard the learned advocates for both the sides and looking to the facts and circumstances of the case, I see no reason to entertain the present petition, mainly for the following facts and reasons:

(3.) AS a cumulative effect of the aforesaid facts and reasons, I see no reason to interfere with the judgments and orders passed by both the courts below. There is no substance in this petition. This petition is therefore, dismissed. Rule is discharged.