R.K. Rastogi, J.@mdashThis is an application moved u/s 482, Cr. P.C. to quash the order dated 5.10.2007, passed by S.D.M., Karvi, district Chitrakoot in Criminal Case No. 192 of 2007 and the order dated 28.3.2008, passed by Sessions Judge, Chitrakoot in Criminal Revision No. 129 of 2007 and for issuing a direction to opposite party No. 2 to release S.B.B.L. Gun No. 21/1969-70, Licence No. 3732/ Banda and four live cartridges which were also taken into possession by opposite party No. 2 alongwith the above gun.
2. It appears from the perusal of the record that on 3.7.2007, there was dispute between the applicant-Chhabi Lal and his adversary party and since there was likelihood of breach of peace, both the parties were challaned under Sections 151, 116 and 107, Cr. P.C. It is further alleged that the applicant Chhabi Lal was having his above noted licensed gun and four live cartridges with him and there was likelihood to this effect that he may use that gun in the quarrel and so that gun and cartridges were also taken into possession by the police. Thereafter, Case No. 192 of 2007 was registered against the applicant under Sections 151, 107 and 116, Cr. P.C. The applicant moved an application for release of that gun. It was alleged in that application that he had got enmity with some villagers and dacoits and there was danger to his life and property from dacoits, and he has no criminal history, so his licensed gun and cartridges should be released in his favour. This application was opposed by the police of Police Outpost, Shivrampur, P. S. Karvi, and it was further stated in the objection that a report had been sent for cancellation of the licence. The learned S.D.M., after hearing the parties and taking the said fact into consideration that a report for cancellation of the licence had already been sent, rejected the application for release of the gun and the cartridges. Aggrieved by the above order, the applicant filed Criminal Revision No. 129 of 2007 before the Sessions Judge, Chitrakoot which was decided by the Sessions Judge vide his order dated 28.3.2008.
3. It appears from perusal of the judgment that the Sessions Judge was of the view that the application for release of the gun and the cartridges was not maintainable as Section 451, Cr. P.C. was not applicable in the case because the gun and cartridges were not to be produced in any criminal court. He, therefore, dismissed the revision. Aggrieved with both these orders, the applicant Chhabi Lal has filed this application u/s 482, Cr. P.C. The applicant has filed the photo copy of a questionnaire issued from the office of the District Magistrate, Chitrakoot, (U.P.) on 4.4.2008, in which, in reply to question No. 1 as to whether any case u/s 17 of the Arms Act, was pending against Chhabi Lal for cancellation of his Licence No. 3732/Banda for keeping S.B.B.L. Gun No. 21/1969-70, it has been asserted that no such case was pending in the office of the District Magistrate for cancellation of the licence.
4. A counter-affidavit was called from the State and Sri Chandra Shekhar Mishra, Sub-Inspector, Police Station, Kotwali, district Chitrakoot has filed his affidavit. In that affidavit, it has been asserted that since there was quarrel between two parties, the police had challaned both the parties u/s 151, Cr. P.C. and had taken into possession the gun and cartridges from Chhabi Lal, who was having the gun in his hands at the time of incident.
5. A rejoinder-affidavit has also been filed from the side of the applicant.
6. I have gone through all the documents and heard the learned Counsel for both the parties.
7. It appears from perusal of the order passed by the S.D.M. on 5.10.2007, Annexure-2 to the application moved u/s 482, Cr. P.C., that a report had been submitted from Police Outpost, Shivrampur, P. S. Karvi on 16.7.2007, that a recommendation had been made for cancellation of the arms licence of the applicant, and relying upon this assertion, the application for release of the gun and the cartridges was rejected by the S.D.M. vide his order dated 5.10.2007. However, it appears from a perusal of the questionnaire issued from the office of the District Magistrate on 4.4.2008, that no case for cancellation of the arms licence of applicant-Chhabi Lal was pending in his Court on the above date. It is also noteworthy that in the counter-affidavit dated 31.7.2008, which has been filed by Sri Chandra Shekhar Mishra, it has no where been asserted that any report for cancellation of the arms licence of the applicant had been submitted to the concerned authority. On the other hand, the relevant portion of para 6 of the counter-affidavit runs as under:
Accordingly, both the parties were challaned u/s 151, Cr. P.C. and S.B.B.L. gun and cartridges of the applicant were taken into possession.
8. Thus, the position is that there is nothing on record to show that any proceeding for cancellation of the arms licence of the applicant is pending. On the other hand, it appears from the above quoted para of the counter-affidavit that the S.B.B.L. gun and cartridges of the applicant had been taken into possession by the police during the proceedings u/s 151, Cr. P.C. and so when the above gun and cartridges were taken into possession by the police in the aforesaid case u/s 151, Cr. P.C., the Court had jurisdiction to pass suitable orders in regard to that gun and cartridges u/s 451, Cr. P.C. Moreover, since there is nothing on record to show that the proceedings for cancellation of the arms licence of the applicant are pending, there is no justification for detention of the aforesaid S.B.B.L. gun and cartridges when the applicant has got an arms licence to keep them with him, which is valid for the period upto 31.12.2008 as mentioned in para 2 of the judgment of the Sessions Judge in Criminal Revision No. 129 of 2007.
9. Since the licence is valid upto the aforesaid future period and no proceedings for cancellation of the licence are pending as mentioned in the questionnaire issued from the office of the District Magistrate, Chitrakoot, there is no justification for the police to keep the aforesaid gun and cartridges of the applicant with it, and it is, hereby ordered that the aforesaid gun and cartridges shall be given into supurdagi of the applicant by the Sub-Divisional Magistrate, Karvi, district Chitrakoot before whom the case u/s 151, Cr. P.C. is pending on filing of a bond of the applicant of the amount to be fixed by the concerned Magistrate and on giving an undertaking that the applicant shall produce the gun and cartridges during pendency of the above case, whenever required to do so. The opposite parties shall however be at liberty to draw proceedings for cancellation of the licence of the applicant, if any sufficient ground is made out for cancellation of the arms licence under the provisions of the Arms Act.
10. With the above directions/ observation, the application u/s 482, Cr. P.C. stands disposed of.
