Tejubhai Isardas Lalwani vs The State Of Maharashtra
2024 Latest Caselaw 569 Bom

Bombay High Court

Tejubhai Isardas Lalwani vs The State Of Maharashtra on 10 January, 2024

Author: Prakash D. Naik

Bench: Prakash D. Naik

2024:BHC-AS:1311

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                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CRIMINAL APPELLATE JURISDICTION

                                       CRIMINAL WRIT PETITION NO. 1904 OF 2016

                    Tejubhai Isardas Lalwani                          ...Petitioner

                              Versus

                    The State of Maharashtra                           ...Respondent
                                                              ....
                    Mr. Umesh Mankapure a/w Mr. Nilesh Wable and Ms. Bhavika Shinde,
                    Advocate for the Petitioner.
                    Mr. S.R. Agarkar, A.P.P. for the Respondent - State.

                                                              ....

                                              CORAM     :        PRAKASH D. NAIK, J.

                                              DATE      :        10th JANUARY, 2024.

                    P.C.:

                    1.        The Petitioner was impleaded as accused in Sessions Case

                    No.60 of 2005. The offences were registered under Sections 307,

                    323, 504, 506 (II) of Indian Penal Code (for short "IPC") r/w

                    Section 3(25) of the Arms Act. During the course of investigation,

                    the Arm i.e. Pistol belonging to the Petitioner was seized by the

                    Police. Sessions Case No.60 of 2005 has resulted in acquittal vide

                    Judgment and order dated 13.06.2008.

                    2.        The complaint was lodged by one Girish Lohana against the

                    Petitioner alleging that the Petitioner is in possession of the Arm


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 without valid license. The case was registered vide C.R.No.55 of

 2011.              During pendency of the investigation, the Petitioner

 preferred an application before the Court of learned J.M.F.C. Sangli

 under Section 457 of Cr.P.C. for returning AVM/Pistol bearing

 No.11312.             The said application was rejected by the learned

 Magistrate vide order dated 26.06.2013.                The Petitioner then

 moved revision application before the Sessions Court challenging

 the said order. The revision application was dismissed vide order

 dated 8th March 2016.

 3.        Learned Advocate for the Petitioner submitted that the

 license for the Pistol has been renewed. The proceedings initiated

 against the Petitioner vide C.R. No.55 of 2011 were investigated

 and C-Summary report was filed before the Court of Joint C.J.J.D.,

 Sangli which has been accepted by the Court on 25.08.2021.

 Hence, Pistol bearing No.11312 be returned to the Petitioner.

 4.        The proceedings in C.R. No.55 of 2011 are closed on account

 of grant of C-Summary and the prosecution arising out of previous

 FIR has resulted in acquittal. There is no impediment in allowing

 the prayers sought in this Petition.

                                       ORDER

i. Criminal Writ Petition No.1904 of 2016 is allowed;

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           ii.      Impugned order dated 08.03.2016 passed by the

learned District Judge-1, & Additional Sessions Judge, Sangli in Criminal Revision Application No.109 of 2013 and order dated 26.03.2013 passed by the learned J.M.F.C. sangli are set aside.

iii. Pistol bearing No.11312 be returned to the Petitioner subject to usual terms and conditions.

iv. Writ Petition is disposed off accordingly.

                                                    (PRAKASH D. NAIK, J.)




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