Ballu @ Jitendra Singh vs The State Of Madhya Pradesh
2023 Latest Caselaw 7582 MP

                                                           1
                          IN     THE       HIGH COURT OF MADHYA PRADESH
                                                 AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
                                                 ON THE 9 th OF MAY, 2023
                                           CRIMINAL APPEAL No. 5267 of 2019

                         BETWEEN:-
                         BALLU @ JITENDRA SINGH S/O RAM AVTAR SINGH
                         GURJAR, AGED ABOUT 37 YEARS, OCCUPATION:
                         SECURITY GUARD JAHANGEER KATA KILA GATE
                         (MADHYA PRADESH)

                                                                                        .....APPELLANT
                         (SHRI ANAND PUROHIT-ADVOCATE)

                         AND
                         THE STATE OF MADHYA PRADESH INCHARGE POLICE
                         STATION PS JHANSI ROAD (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                         (SHRI P.S. RAGHUVANSHI- PUBLIC PROSECUTOR)

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

This criminal appeal under Section 454 of CrPC has been filed by the

petitioner against the order dated 20.06.2016 passed by learned ASJ Gwalior (Special Judge No.3 Electricity) in Criminal Case No.191/2016 whereby an application under Section 452 of CrPC for returning the seized licencee gun has been dismissed.

Petitioner is owner of 315 bore licencee gun which was seized in S.T. No.305/2013. Learned Additional Session Judge Gwalior (Special Judge No.3 Electricity) vide judgment dated 04.04.2016 acquitted the petitioner in the said

Signature Not Verified case. Thereafter, petitioner preferred an application under Section 452 of CrPC Signed by: YOGENDRA OJHA Signing time: 5/9/2023 6:16:09 PM

before Additional Session Judge Gwalior (Special Judge No.3 Electricity) for return of gun. The learned court below rejected his application with liberty to the appellant to approach District Magistrate by filing appropriate proceedings. Petitioner preferred an application before District Magistrate, Gwalior which was rejected by order dated 22.08.2017 passed in Case No. RDM/9-5/81/16. Thereafter against the said order petitioner filed a writ petition which was dismissed vide order dated 06.03.2019 by the coordinate Bench.

During arguments, learned counsel for the petitioner produced original licence of gun in which riffle number is mentioned as AB 09 3146 and submits that he is owner of the gun. As per Anneuxre A/10 according to report of Arms

records and R.I. Police Line, the correct number of riffle is AB 09 3146 whereas in the order passed by learned Special Judge, riffle number has been mentioned as 09 C 3146. Petitioner or police officials may initiate proceedings before learned Special Judge for rectifying the mistake. Hence, prayer is made for setting aside the impugned order.

Learned counsel for the State opposed the prayer made by learned counsel for the petitioner.

After hearing learned counsel for the parties, appeal is allowed. Order dated 20.06.2016 passed by ASJ Gwalior (Special Judge No.3 Electricity) is set-aside. Trial Court is directed to bring back the aforesaid seized gun from District Magistrate, Gwalior and give it to the appellant only when licence of the gun is produced by the appellant.

(DEEPAK KUMAR AGARWAL) JUDGE ojha Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/9/2023 6:16:09 PM

Signature Not Verified Signed by: YOGENDRA OJHA Signing time: 5/9/2023 6:16:09 PM