NARENDRA PATEL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have filed this petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of the FIR registered as Crime No.410/2016 under sections 25 and 27 of Arms Act at Police Station Amarpatan, Distt. Satna (M.P.).

(2.) The facts giving rise to this petition, in short, are that respondent No.2-Smt. Sunita Patel lodged a report on 14/11/2016 in the morning at 5.10 a.m. against applicant No.1-Narendra Patel at Police Station, Amarpatan, Distt. Satna alleging therein that applicant No.1-Narendra Patel in the last night abusing her and today in the morning again started abusing her and by showing country made pistol threatening her to kill. S.H.O. Vijay Singh Thakur, after receiving this information, informed to his senior officer i.e. Sub Divisional Officer (Police) on telephone, but, could not get the search warrant. However, considering urgency of the matter, rushed to the spot along with other Police staff and in the presence of applicant No.1- Narendra Patel made a search. One pistol loaded with three live cartridges was found on the bed of applicant No.1-Narendra Patel. On asking by SHO about license of the pistol, applicant No.1 replied that he is not having any license of that country made pistol and he received that pistol from his friend i.e. applicant No.2-Jitendra Prasad Soni.

(3.) After completing all formalities, SHO went to the house of applicant No.2-Jitendra Soni and asked about that pistol that how he received that pistol. Applicant No.2-Jitendra Soni stated that applicant No.1-Narendra Patel told him that he is having a family dispute with neighbour i.e. complainant, then he provided pistol and live cartridge to applicant No.1. S.H.O. after coming back to the Police Station, registered Crime No.410/2016 against both the applicants for the offence punishable under Section 25 read with section 27 of Arms Act.