GANGI SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioners have filed this petition under Sec. 482 Cr.PC being aggrieved against the order dated April 5, 1995 of Additional Chief Judicial Magistrate No. 1, Bharatpur, whereby their prayer for the custody of Guns was declined.

(2.) In brief, the facts of the case are that the Sub- Inspector & In-charge, Police Station Sewar Distt. Bharatpur seized two Guns, which are being claimed by the petitioners to be their licenced Guns, in Crime No. 19/95 registered at the said Police Station. The case was registered on the report of the Sub-Inspector Shambhudayal Saini and the report shows that the petitioner No. 2, Chhitar Singh was contesting the election of Sarpanch at the relevant time. It was also stated in the report that the supporters of rival candidates were aggressive against each other and there was apprehension of breach of peace as such the Sub-Inspector arrested some persons of both the parties under Sec. 151, Cr.PC. As per the prosecution case, the Sub-Inspector intercepted in a Jeep on the information of Mukhbir and the said jeep was occupied by the co-accused; Bhagwan Singh, Hirendra Singh, Suresh and Chhitar Singh and they were taking some arms to provide to their supporters to be used in the fight if take place between the two rival factions. Two Guns were also seized from the occupants of the jeep and they were not having licence in their possession at that time. There is accusation that the occupants of the jeep wanted to make fire from the guns, but they were overpowered by the police as such they could not succeed in their object. 1 have been informed that the matter is still under investigation and the charge-sheet has not been filed.

(3.) The petitioners moved an application for the custody of the Guns, but the prayers was declined by the learned Magistrate by the impugned-order and this petition under Sec. 482, Cr.PC has been filed.