JAGBIR Vs. STATE OF HARYANA

JUDGEMENT

(1.) Prayer in this petition is for quashing the order, dated 27.11.2010, passed by the learned Additional Sessions Judge, Karnal, whereby the application of the petitioner for release of a gun, bearing SBBL Gun No. 11733-Q1 of 12 Bore, was dismissed.

(2.) Brief facts of the case are that FIR No. 445, dated 18.9.1993, under Sections 307, 365, 511 and 148 read with Section 149, IPC, was registered at Police Station, Sadar, Karnal, against the petitioner and others. During the course of the investigation, SBBL Gun No. 11733-Q1 of 12 Bore, was recovered from the petitioner. The petitioner and others were held guilty and sentenced to undergo various terms of imprisonment by the learned Trial Court. The petitioner filed an appeal, bearing CRM-S No. 547-SB of 1998, before this Court, which was disposed of on 28.6.2010, while maintaining the conviction, but after certain modifications in the order of sentence.

(3.) The petitioner filed an application before the learned Trial Court/Additional Sessions Judge, Karnal, for releasing the aforesaid gun to him. The learned Additional Sessions Judge, Karnal, dismissed the said application vide order dated 27.11.2010, holding that the applicant had not been able to produce the arm licence without which the gun in question could not be released. The said order of dismissal of the application for release of the gun has been challenged before this Court by way of the present petition under Section 482, Cr.P.C.