SANJEEV SINGH YADAV Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Sec. 528 of BNSS (sec. 482 of CrPC) has been filed for quashing the order dtd. 6/11/2025 passed by learned Fourth Additional Sessions Judge, Gwalior in MJCR No.4319/2025, whereby an application under Ss. 451 & 457 of Cr.P.C. filed by the applicant was rejected.

(2.) It is alleged that the Police seized Gun of the present applicant in connection with Crime No.06/2023 registered at Police Station University District Gwalior for the offence punishable under Ss. 307, 147, 148 & 149, 120-B of IPC & Sec. 30 of Arms Act. Applicant, who is the registered owner of the said 315 Bore Rifle bearing license No.316/2015 filed an application under Sec. 451 & 457 of Cr.P.C. before the learned Fourth Additional Sessions Judge, Gwalior for getting interim custody of the said Gun. The learned Fourth Additional Sessions Judge, Gwalior had rejected the earlier application on the ground that since the gun was resent for forensic examination, therefore, the custody of the same cannot be granted to the applicant. The aforesaid order was challenged by the applicant before this Court in M.Cr.C. No.47642/2025, which was disposed of vide order dtd. 28/10/2025 with a liberty to the applicant to renew his prayer again before the Trial Court, as in the meantime the FSL report dtd. 12/10/2011 with regard to the Gun was received by the trial Court.

(3.) In pursuance to the liberty granted by this Court the applicant again moved an application under Sec. 451, 457 of IPC, which came to be dismissed vide impugned order dtd. 6/11/2025 on the ground that though the FSL report has been received but since the said Gun was to be marked as an exhibit in the evidence giving the Gun in custody to the applicant would affect the evidence, therefore, it would not be proper to give the Gun in question in custody to the applicant. Being aggrieved by the aforesaid order, the present petition has been filed.