[Cites 3, Cited by 0]
Karnataka High Court
Mudassar Ansari vs The State Of Karnataka on 23 March, 2026
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NC: 2026:KHC-K:2566
CRL.P No. 200227 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 23RD DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE G BASAVARAJA
CRIMINAL PETITION NO. 200227 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
MUDASEERR ANSARI
S/O ZAKIUDDIN ANSARI
AGE: 27 YEARS
OCC: STUDENT
R/O H NO.7-1202/58/1A
ISLAMABAD COLONY, KALABURAGI
...PETITIONER
(BY SRI. SYED MASTAN, ADVOCATE)
AND:
THE STATE OF KARNATAKA
THROUGH UNIVERSITY POLICE STATION
Digitally signed by
SHIVALEELA KALABURAGI
DATTATRAYA UDAGI
Location: HIGH
(REPRESENTED BY ADDL. HCGP
COURT OF HIGH COURT OF KARNATAKA
KARNATAKA
KALABURAGI BENCH585107)
...RESPONDENT
(BY SRI.GOPALKRISHNA B. YADAV, HCGP)
THIS CRL.P IS FILED U/SEC.482 OF CR.P.C (OLD) U/SEC.
528 OF BNSS (NEW) PRAYING TO QUASH THE REGISTRATION
OF FIR, CHARGE SHEET AND FURTHER PROCEEDINGS IN C.C.
NO.14870/2025 PENDING ON THE FILE OF III ADDL. CIVIL
JUDGE AND J.M.F.C AT KALABURAGI (ARISING OUT OF CRIME
NO.215/2025 OF UNIVERSITY P.S. KALABURAGI) FOR THE
OFFENCES PUNISHABLE U/SEC.28 OF ARMS ACT, 1959 AND
ETC.,
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NC: 2026:KHC-K:2566
CRL.P No. 200227 of 2026
HC-KAR
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE G BASAVARAJA
ORAL ORDER
This petition is filed under Section 528 of Bharatiya
Nagarik Suraksha Sanhita, 2023, seeking following relief's:
"Wherefore, it is most respectfully prayed that,
this Hon'ble Court be pleased to,
(a) quash the registration of FIR, charge sheet
and further proceedings in
C.C.No.14870/2025 pending on the file of
III Addl. Civil Judge and JMFC, at
Kalaburagi (arising out of Crime
No.215/2025 of University P.S.
Kalaburagi) for the offences punishable
under Section 28 of Arms Act, 1959,
insofar as petitioner is concerned,
(b) pass any other suitable order or direction
as deem fit by this Hon'ble Court under
the facts and circumstances of the case, in
the interest of justice and equity.
2. Heard the learned counsel for the petitioner and
the learned High Court Government Pleader for the
respondent - State.
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HC-KAR
3. Learned counsel for the petitioner would submit
that the petitioner is an innocent person and he has not at
all committed any offence much less as alleged in the
complaint. The petitioner being student aged about 27
years old enough and the police have lodged suo-moto
complaint only for creating fear in the society as much as
to control the crime. The police have created concocted
story against the petitioner, however the petitioner is no
way concerned and nothing to do with the alleged crime.
As far as the averments available on record, it is narrated
that the revolver found with the petitioner does not
require any valid weapon licence. The incriminating article
as recovered by the complainant also not in use as
evidence against the petitioner. The petitioner earlier
applied application to civilian rifle training center for
having the valid licence for his safety of person and
property, as such he intended to train as how he would
have to use the weapon in the training with bona fide
intention. The offence alleged against the petitioner is not
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HC-KAR
so heinous in nature and the petitioner never used air gun
for any illegal activities. If petitioner had air gun with his
possession, the police caught hold of him. It is that there
is no direct evidence against the petitioner for his
involvement in the above crime, except the police personal
seized the air gun and air gun is not come under the
definition of Arms Act. Hence, the Arms Act, 1959 is not
applicable to the case on hand and absolutely there are no
materials to proceed against the accused for the alleged
commission of offences. On all these grounds, sought for
allowing of this petition.
4. Per contra, learned HCGP would submit that
there are no grounds to quash the proceedings and sought
for dismissal of this petition.
5. I have examined the materials placed before
this Court.
6. On the basis of the complaint filed by Smt.
Renuka Devi, the University Police Station, Kalaburagi,
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HC-KAR
have registered the case in Crime No.215/2025 against
the accused for the commission of offence under Section
28 of Arms Act, 1959. After investigation, the
Investigating Officer has submitted the charge sheet
against the accused for the commission of offence under
Section 28 of Arms Act. The petitioner has produced the
FSL report issued by the State Forensic Science
Laboratory, Madiwala, Bengaluru, in which at Item No.6, it
is stated that 177 caliber air rifle is not comes under the
purview of Indian Arms Act, 1959, Arms Rules, 2016.
Therefore, the FSL report itself reveals that the seized
Airgun No.177AB3338 is not come under the provisions of
Arms Act, 1959. However, the Investigating Officer has
submitted the charge sheet against the accused. None of
the public have been examined by the Investigating Officer
to substantiate the case of the prosecution that the
accused has used this gun to threaten the public.
7. Viewed from any angle, I do not find any
materials to proceed against the accused for the alleged
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HC-KAR
commission of offence. Without application of mind, the
Investigating Officer has mechanically submitted the
charge sheet against the accused without considering the
FSL report. Hence, I proceed to pass the following:
ORDER
(a) The Petition is allowed.
(b) The proceedings in C.C.No.14870/2025
(arising out of Crime No.215/2025 of
University P.S. Kalaburagi) registered for the
offence punishable under Section 28 of Arms
Act, 1959, pending on the file of III Addl. Civil
Judge and JMFC, at Kalaburagi, is hereby
quashed.
Sd/-
(G BASAVARAJA)
JUDGE
MSR
List No.: 1 Sl No.: 38
