NARSINGRAO GANGARAM PIMPALE Vs. STATE OF MAHARASHTA

JUDGEMENT

(1.) IN this application, the petitioner seeks to quash the charge framed against him on 21st April, 1976 Under Section 25 (1) (a) of the Arms Act by the learned Judicial Magistrate, First Class, Ulhasnagar, in Criminal Case No. 659 of 1974.

(2.) THE few facts are that at the material time the petitioner was Sub-Inspector of Police. On 14th April, 1972 at about 8-30 p. m. , he was apprehended by the Anti-Corruption Branch for accepting illegal gratification from the complainant Rege. When he was searcn- ed, a country made pistol was found in his possession along with the alleged tainted money. For the commission of the alleged offence of bribery, he was prosecuted in the Court of the Special Judge, Thana, ki Special Case No. 2 of 1972. The trial Court found the petitioner guilty. However, this Court in Criminal Appeal No. 102 of 1974 acquitted the petitioner on 23rd Jan. 1976. On 6th March, 1974, a charge-sheet Under Section 25 (1) (a) of the Arms Act was submitted against the petitioner in the Court of the learned Judicial Magistrate, First Class, Ulhasnagar. On 20th April, 1976, the petitioner made an application to the learned Magistrate stating that the Court had issued a warrant against him to appear on 21st April, 1976. He contended that he was not served with summons. He undertook to attend the Court on 21st April, 1976 and on the subsequent dates of hearing. In these circumstances, the petitioner prayed that the warrant sent to Ambernath Police Station be called for and that he was ready to furnish surety. On that application, the petitioner was released on bail in the sum of Rs. 1,000/- and was also fined Rs. 25/- for his absence on previous dates. On 21st April, 1976, the learned Magistrate framed a charge against the petitioner Under Section 25 (1) (a) of the Arms Act.

(3.) AGAINST this order, the petitioner filed Criminal Revision Application No. 74 of 1976 in the Sessions Court, Thana. This was partly allowed and the order of imposition of fine of Rs. 25/- was set aside. As regards the application for quashing the charge, the same was rejected. The present application has been filed Under Section 482 of Cr. PC 1973.