VINOD AND ANOTHER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicants have invoked the extra ordinary jurisdiction of this Court under Section 482 of Code of Criminal Procedure Code, 1973 ( For brevity " Cr.P.C.) for quashing the FIR dated 10.10.2015 bearing crime No.672/2015 registered at Police Station- Palasia District Indore against the applicants for offence under Section 25 and 27 of the Arms Act, 1959 and also the Criminal Case No. 46360/2015 pending before Additional Chief Judicial Magistrate, Indore.

(2.) The relevant facts in nutshell for the disposal of the case are that on 10.10.2015, the Station House Officer, Palasiya Shivpal Singh Kushwaha received an information from an informant that some arms/weapons were going to be sold/traded near Jain Temple, Tilak Nagar, Indore. As soon as Station House Officr, Shivpal Singh Kushwaha reached Jain Temple, Tilak Nagar, Indore, he was told by D.S.P (ATS) Ajay Kaithwas that the coaccused -Abhinav Shukla had brought some illegal weapons from Mandsour which were to be sold to applicants Vinod Namdev and Shailedra, who were traveling Mandsour to indore in white Maruti Ciaz car bearing registration No. MP-14-CC-104 and the car would halt near Jain Temple, Tilak Nagar, Indore. On this information Station House Officer, Shivpal Singh Kushwaha reached the aforesaid place. When the car stopped at Jain Temple, Tilak Nagar, Indore and the co-accused Abhinav Shukla supposedly sat in the car, he was nabbed by the police force from ATS and police Station, Palasiya. A search operation was done on the occupants of the car. During search a country made pistol with two cartridge were seized from the co-accused Abhinav Shukla and whereas 8 live cartridges were seized from applicant No.1- Vinod and 6 live Cartridges were seized from the applicant No.2 which they were possessed without having any license. The entire operation was witnessed by Omprakash and Manoj Gausar. The accused persons were apprehended and case under Section 25 and 27 of the Arms Act bearing crime 672/2015 was registered against them at police Station, Palasiya District Indore. After completion of the investigation, charge-sheet has been filed before the competent court, which is pending as criminal case No 46360/2015 before the court of Additional Chief Judicial Magistrate, Indore for the offence under Section 25 and 27 of Arms Act, 1959.

(3.) Learned counsel for the applicant submitted that being aggrieved by the said action, the applicants have preferred an application under Section 482 of Cr.P.C. bearing M.Cr.C. No 9490/2016 before this Court which was disposed of vide order dated 24.10.2016 with a direction to the Trial Court to call entries in the daily diary of the relevant dates of the concerning police Station and copy may be supplied to the counsel for the applicants and after hearing and considering the entries in the daily diary, a speaking order may be passed before framing of charges. Despite of issuance of aforesaid direction, the learned trial court has passed cryptic order and has not considered the impact of the entries in daily diary and passed the impugned order by which the charges were framed against the applicants for the offence under Section 25 (1) (B) (A) of Arms Act.