RAGHAV SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE petitioner herein who has been made to figure as the sole accused in Buxar (Town) P.S. Case No. 240 of 2006, G.R. No. 1317 of 2006 is aggrieved by and seeks the quashing of order dated 5.4.2007 passed therein by the learned Sub -Divisional Judicial Magistrate, Buxar by which he has been pleased to reject the petition filed u/s. 239 of the Code of Criminal Procedure for his discharge.

(2.) THE aforesaid case was instituted on the basis of the self -statement of A.S.I., Narendra Mohan Jha recorded on 14.8.2006 inter alia stating that at about 10.30 P.M. on 13.8.2006 while he along with other police personnel were on night patrolling duty and in course thereof had reached near the Buxar Railway Station at about 11.30 P.M., he received information that one person was firing from his rifle near the station in suspicious manner which had caused fear in the mind of general public. The informant claims to have rushed to the railway station and started searching and about 12 midnight the informant saw a person standing near a jeep armed with rifle and asked him about firing that he had resorted to but there was no satisfactory reply received. It is said that the said person disclosed his name as Raghav Singh of Village -Mahadah and from his possession a rifle and two live cartridges were recovered and seized under a seizure list before independent witnesses and a copy of the seizure list was handed over to him.

(3.) IT has been submitted on behalf of the petitioner that the licensee rifle had temporarily been handed over to him by his father while answering the call of nature and that no overt act had been committed by the petitioner and as such no offence under the Arms Act could possibly be alleged against him.