Labhubhai Nagdanbhai Kugashia vs State Of Gujarat
2025 Latest Caselaw 7316 Guj

Gujarat High Court

Labhubhai Nagdanbhai Kugashia vs State Of Gujarat on 8 October, 2025

                                                                                                              NEUTRAL CITATION




                            R/SCR.A/2499/2015                                  ORDER DATED: 08/10/2025

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                                    IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                          R/SPECIAL CRIMINAL APPLICATION (QUASHING) NO. 2499 of 2015

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                                                LABHUBHAI NAGDANBHAI KUGASHIA
                                                            Versus
                                                      STATE OF GUJARAT
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                       Appearance:
                       MR PRATIK Y JASANI(5325) for the Applicant(s) No. 1
                       MR CHINTAN DAVE, ADDL. PUBLIC PROSECUTOR for the Respondent(s)
                       No. 1
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                         CORAM:HONOURABLE MR. JUSTICE J. C. DOSHI

                                                           Date : 08/10/2025

                                                            ORAL ORDER

It is an admitted position that licence of the petitioner to hold fire arms is not renewed by the Collector or concerned authority at the time of passing judgment in Sessions Case No.166 of 2013 or subsequent thereto. If the petitioner is the owner of the fire arms, but loses its licence to hold the fire arms, procedure to deposit fire arms is defined in section 21 of the Arms Act, 1949 and in Rule 47 of the Fire Arms Rules.

Under the circumstances, learned advocate for the petitioner, upon instructions, seeks permission to withdraw present petition with a liberty to file appropriate application for selling of the fire arms being muddamal through approved fire arms dealer Permission granted. The petition stands disposed of as withdrawn with above liberty. Notice discharged. Interim relief granted earlier stands vacated.

NEUTRAL CITATION

R/SCR.A/2499/2015 ORDER DATED: 08/10/2025

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It is clarified that this Court has not examined the merits of the matter.

The petitioner is permitted to prefer an application for selling of the fire arms being muddamal through approved fire arms dealer, in accordance with the provisions of the Arms Act and Rules made thereunder. This application should be treated u/s 452 of the Code of Criminal Procedure, 1973 and 497 of the BNSS. The concerned learned Sessions Court shall register Criminal Misc. Application and shall follow the law defined u/s 452 of the Code of Criminal Procedure, 1973 and 497 of the BNSS so also provisions laid down in the Arms Act and Rules made thereunder.

The concerned learned Sessions Court shall conduct the inquiry within 12 weeks from the date of filing the Criminal Misc. Application by the petitioner.

(J. C. DOSHI,J) SHEKHAR P. BARVE