BAHADDUR SINGH Vs. STATE OF MP

JUDGEMENT

(1.) This petition under section 482 of CrPC, 1973 has been filed against the order dated 03/05/2016, passed by Additional Sessions Judge, Lahar, District Bhind in unregistered Criminal Revision..../2016, by which the order dated 16/12/2015 passed by JMFC, Lahar, District Bhind in Criminal Case No.23/2012, has been affirmed.

(2.) The necessary facts for the disposal of the present petition in short are that the applicant along with other accused persons was facing trial for offence under Sections 452, 323, 294, 506 Part II, 336, 34 of IPC, on the allegation that on 20/09/2011, the applicant and the accused persons forcibly entered inside the house of the complainant and assaulted him in pre-planned manner. The charges for the aforesaid offence were framed by order dated 28/05/2012 by the trial Court. After most of the prosecution witnesses were examined, the prosecution on 29/07/2015 i.e. about three years from the date of framing of charge, filed an application under section 216 of CrPC, 1973 seeking addition of charge under Section 25(1-B)(a) of the Arms Act on the ground that one of the witnesses has stated that the applicant was having a firearm which was snatched by the prosecution witness-Bitti Devi and the said firearm was produced by Bitti Devi, which was accordingly seized by the police. It is the case of the prosecution that since the applicant was in possession of the firearm without there being licence, therefore, prima facie, offence is made out under Section 25(1-B)(a) of Arms Act. The said application was allowed by the trial Court by order dated 16/12/2015 and the charge under Section 25(1-B)(a) of the Arms Act has been added against the applicant.

(3.) Being aggrieved by the order of the trial Court, the applicant filed a Criminal Revision, which was dismissed in limine.