BHANWAR KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under Sec. 482, Crimial P.C. arises out of an order dated 20.3.1991 of the Judicial Magistrate No. 2, Jaipur City, Jaipur whereby he directed Wali Mohd. to keep a revolver (0. -2 bore) bearing No. 1277635 ready in Court on 23.3.1991 & further directed the investigating officer, police station Ashok Nagar in F.I.R. No. 33/91 to present himself in Court in order to proceed further regarding the revolver on 23.3.1991. Factual matrix

(2.) On the basis of a statement of Bhanwar Khan (petitioner) recorded on 27.1.1991 by Hari Ram (Sub Inspector, P. S. Ashok Nagar) an FT.R No. 33/91 was chalked out for an offence punishable under Sec. 307, IPC, and a criminal case was registered at P. S. Ashok Nagar. In the statement, the petitioner stated that Ayub Ali fired 4-5 shots towards him and out of which, one bullet entered into his right chest, and that, Wali Mohd. also tried to open fire by 12 bore D.B.B.L. gun but it was snatched in the scuffle and, therefore, he (Wali Mohd.) could not fire. Wali hohd. Nizam Khan & Rafeeq have been bailed out under Sec. 438, Crimial P.C. by the Sessions Judge, Jaipur City whereas Ayub Alls application for bail under Sec. 438, Crimial P.C. is said to be pending before the Sessions Court.

(3.) An application on behalf of Wali Mohd. was filed on I9.3.I99I before the Judicial Magistrate No. 2, Jaipur City, Jaipur stating therein that, Ayub Ali (accused), has been a licence holder of his revolver 0.32 bore of No. 1277635 and he wanted to produce it before the Investigating Officer but the police has a grudge against him and if the revolver is allowed to be handed over to the police, the police would fire from it so as to manipulate recovery of empty cartridges from the scene of incident and then by planting evidence would get positive report from the ballistic expert about the firing of the revolver. And it has been prayed that he (Wali Mohd.) has brought the said revolver at the instance of Ayub Ali so as to deliver it in Court.