SABARJEET SINGH MOKHA Vs. STATE OF M.P.

JUDGEMENT

(1.) - This petition under section 482 of the Cr.P.C., 1973 has been filed to invoke the extra ordinary jurisdiction of this Court and to quash the order dated 08.02.2018, passed by the CJM, Jabalpur in crime case No.300/2018, whereby a closure report filed by the Police Station Civil Line Jabalpur in Crime No.351/2011 for offence under section 30 of the Arms Act has been dis-allowed.

(2.) The factual matrix in brief is that, on 15.12.2011 the complainant Shri Ved Prakash Mishra, Deputy Director (Income Tax), Jabalpur had conducted raid in the house of the applicant Sarabjeet Singh Mokha. During this raid 12 bore gun was found. The petitioner could not produce the arms licence for possessing the gun. The Income Tax Authorities seized the gun sent it to the Police Station, Civil Lines, Jabalplur with a written complaint. Subsequently, during the investigation the petitioner produced the receipt of deposit of the renewal fee, for the renewal of the arms licence at the Collectrate Office, Jabalpur. The fee was accepted by the Office of the Collector, Jabalpur. Therefore, it has been found that no offence has been committed, hence the closure report has been filed before the Court of C.J.M., Jabalpur. The learned CJM, Jabalpur recorded the statement of complainant Shri Ved Prakash, who has deposed that on the raid on 15.12.2011 the gun was found in the house of the petitioner. The applicant could not produce the licence. Therefore, a written complaint made to Police Station, Civil Lines. Sub Inspector of the Police Station, Civil Line has deposed that, the Commissioner, Income Tax, informed that in the possession of Sabarjeet Singh Mokha, a 12 bore gun was found without licence, therefore, crime under section 30 of the Arms Act was registered. It was later found that licence was issued to the applicant but the same was expired on 24.05.2011, yet licence was not renewed till 15.12.2011. However, subsequently Rs. 1000/- renewal fees was deposited by the applicant in the office of the Collector, Jabalpur. As the renewal fees was accepted by the District Magistrate hence offence was not found to have been committed, therefore, the closure report was filed.

(3.) Learned CJM, Jabalpur, subsequently, examining the circumstances observed that licence was issued up to 24.05.2011 but even after six months of expiry of the licence, the same was not renewal. Therefore, the applicant was in possession of the gun unauthorizedly. Hence, held prima facie the offence under section 21 of the Arms Act, which is punishable under Section 25(1-B) (h) of the Arms Act. Learned JMFC has taken cognizance of the offence. The petitioner has assailed the order on the ground that the licence was kept in the office of the petitioner at the time of the search and the gun was kept at the resident. Due to lapse the licence could not be renewed. The applicant has no criminal intention. The applicant has subsequently deposited the renewal fees and moved application for renewal of the licence.