Shaitansingh Dhakad vs The State Of Madhya Pradesh
2023 Latest Caselaw 2012 MP

                                  1
 IN     THE      HIGH COURT OF MADHYA PRADESH
                       AT GWALIOR
                          BEFORE
       HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                   ON THE 3 rd OF FEBRUARY, 2023
                  CRIMINAL APPEAL No. 1956 of 2023

BETWEEN:-
SHAITANSINGH DHAKAD, S/O SHRI BHAIYALAL
DHAKAD, AGED ABOUT 47 YEARS, R/O VILLAGE
PAHARUA POLICE STATION- ARON, DISTRICT- GUNA
(MADHYA PRADESH)

                                                              .....APPELLANT
(BY SMT. NIDHI PATANKAR- ADVOCATE)

AND
STATE OF MADHYA PRADESH THROUGH POLICE
STATION- CANTT. DISTRICT- GUNA (MADHYA
PRADESH)

                                                           .....RESPONDENTS
(BY SHRI PRAMOD PACHAURI- PUBLIC PROSECUTOR)

      Th is appeal coming on for hearing this day, t h e court passed the
following:
                                   ORDER

The instant appeal under Section 454 of the Code of Criminal Procedure, 1973 has been preferred by the appellant being aggrieved by the order dated 08/12/2022 passed by Special Judge (Prevention of Corruption Act), District- Guna (M.P.) in Criminal Case No.MP0801-004756-2016 (SC LOK. Registration No.02/2016), whereby the application for returning the seized licence and .315 bore gun preferred by the appellant under Section 452 of Cr.P.C. has been rejected.

Precisely stated facts of the case are that one Crime No.370/2013 for the

offence under Sections 420, 467, 468 of IPC and sections 13(1)(D), 13(2) of the Prevention of Corruption Act was registered against the accused persons in which .315 bore rifle along with license No.M.P./G.N.A./01/02/08 of the appellant were seized.

Learned counsel for the appellant submits that after considering the rival submissions advanced by learned counsel for the parties and marshaling the evidence available on record, main accused persons were acquitted by the Special Judge, District- Guna (M.P.).

It is further submitted that after the judgment of acquittal was passed, appellant moved an application under Section 452 of Cr.P.C. for taking his

weapon as well as licence back which was seized by the prosecution. Since trial of the aforesaid case has already been concluded and judgment of acquittal has been passed and no further investigation is required, therefore, license as well as .315 bore rifle is liable to be returned back to the appellant. He further submitted that since appellant is not an accused in this case, therefore, the property seized in the said crime is required to be returned back to the appellant. Beside sthat, it is also submitted that said weapon is necessary and required for life and property of the appellant. Thus, prayed for setting aside of impugned order and allowing of this appeal.

Learned counsel for the respondent/State opposed the submissions and submitted that learned trial Court has not committed any error in passing the impugned order. Thus, prayed for dismissal of this appeal.

Heard learned counsel for the parties and perused the impugned order. In view of the aforesaid discussion and taking into consideration the findings contained in the judgment of acquittal of accused persons passed by the Court below as well as considering the fact that judgment of acquittal of the

accused persons has been passed and no further investigation is required, the appeal preferred by the appellant is allowed and the impugned order passed by the trial Court is hereby set aside. Therefore, it is directed that weapon- .315 bore rifle along with license No.M.P./G.N.A./01/02/08 be returned back to the appellant for the purpose for which it was issued to him on furnishing an adequate security as may be ordered by the competent Authority with the condition that the same will be produced before the Court below as and when ordered.

Accordingly, appeal stands allowed and disposed of. Certified copy as per rules.

(DEEPAK KUMAR AGARWAL) Digitally signed by RAHUL SINGH PARIHAR DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH JUDGE rahul GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=eac942476567cd1b39b3da46068403462fdf82ab67 6d0cde4dee473fe77953f5, pseudonym=68E0B84BAE73376CD071289B3D9FE728CE00 D487, serialNumber=0275C4F803F94C47998BE5C534E21BDED91 0FD4AB9D159B55575E814D05B2EED, cn=RAHUL SINGH PARIHAR Date: 2023.02.03 16:02:40 +05'30'