GAJENDRA SINGH Vs. S.P.S. CHAUHAN

JUDGEMENT

(1.) Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the impugned order.

(2.) Revisionist is an accused in crime no.189 of 2010 under sections 323, 504, 506, 452 IPC, P.S. Shikarpur, District Bulandshahar. He was arrested in the aforesaid case and his licensed revolver no.045100282, arms license no.903/2003/Qaursi/Aligarh and 8 live cartridges were seized by the police from his possession. An application for release of license, revolver and cartridges was moved by the revisionist before A..J.M.-II, Bulandshahar in criminal case no.2832 of 2010 State v. Gajendra Singh & others. The aforesaid application was rejected vide order dated 14.9.2010 on the basis of police report that a report for cancellation of the license has been forwarded to District Magistrate, Aligarh and there was likelihood of misusing the firearm by the revisionist. On the aforesaid ground, learned Magistrate rejected the application for release of license, revolver and cartridges. Hence this revision.

(3.) Learned counsel for the revisionist submitted that the impugned order has been passed by the Magistrate on the basis of police report, but it has not been disclosed that on what grounds the police submitted its report. The license of the revisionist has not been cancelled by District Magistrate, Aligarh and in aforesaid crime no.189 of 2010 of P.S. Shikarpur, District Bulandshahar, the aforesaid revolver was not alleged to have been used.