CHHABI LAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application moved under section 482, Cr. P. C. to quash the order dated 5. 10. 2007 passed by S. D. M. , karvi, District Chitrakoot in Criminal Case no. 192 of 2007 and the order dated 28. 3. 2008 passed by Sessions Judge, chitrakoot in Criminal Revision No. 129 of 2007 and for issuing a direction to opposite party No. 2 to release SBBL Gun No. 21/1969-70, licence No. 3732/banda and four live cartridges which were also taken into possession by opposite party No. 2 along with the above gun.

(2.) IT appears from the perusal of the record that on 3,7. 2007, there was dispute between the applicant Chhabi Lal and his adversary party and since there was likelihood of breach of peace, both the parties were challaned under Sections 151, 116, 107, cr. P. C. It is further alleged that the applicant Chhabi Lal was having his abovenoted licensed gun and four live cartridges with him and there was likelihood to this effect that he may use that gun in the quarrel and so that gun and cartridges were also taken into possession, by the police. Thereafter, Case No. 192 of 2007 was registered against the applicant under sections 151, 107, 116, Cr. P. C. The applicant moved an application for release of that gun. It was alleged in that application that he had got enmity with some villagers and dacoits and there was danger to his life and property from dacoits, and he has no criminal history, so his licensed gun and cartridges should be released in his favour. This application was opposed by the police of police Outpost Shivrampur, P. S. Karvi, and it was further stated in the objection that a report had been sent for cancellation of the licence. The learned S. D. M. , after hearing the parties and taking the said fact into consideration that a report for cancellation of the licence had already been sent, rejected the application for release of the gun and the cartridges. Aggrieved by the above order, the applicant filed Criminal Revision no. 129 of 2007 before the Sessions Judge, chitrakoot which was decided by the sessions Judge vide his order dated 28. 3. 2008.

(3.) IT appears from perusal of the judgment that the Sessions Judge was of the view that the application for release of the gun and the cartridges was not maintainable as section 451, Cr. P. C. was not applicable in the case because the gun and cartridges were not to be produced in any criminal Court. He, therefore, dismissed the revision. Aggrieved with both these orders, the applicant Chhabi Lal has filed this application under Section 482, Cr. P. C. The applicant has filed the photo copy of a questionnaire issued from the office of the District magistrate, Chitrakoot (U. P.), on 4. 4. 2008, in which, in reply to question No. 1 as to whether any case under section 17 of the arms Act was pending against Chhabi Lal for cancellation of his Licence No. 3732/banda for keeping SBBL Gun No. 21/1969-70. It has been asserted that no such case was pending in the office of the district Magistrate for cancellation of the licence.