Ramdeen Son Of Shri Hetsingh vs State Of Rajasthan ...
2023 Latest Caselaw 4746 Raj/2

[2023:RJ-JP:22411]

        HIGH COURT OF JUDICATURE FOR RAJASTHAN
                    BENCH AT JAIPUR

        S.B. Criminal Miscellaneous (Petition) No. 8688/2022

Ramdeen Son Of Shri Hetsingh, Resident Of Village Lahakpur,
Police Station Kanchanpur, District Dholpur (Raj).
                                                                   ----Petitioner
                                    Versus
State of Rajasthan, Through P.P
                                                                 ----Respondent

For Petitioner(s)         :     Mr. Dushyant Jain with
                                Mr. Udit Sapra
For Respondent(s)         :     Mr. Chandragupt Chopa, PP



           HON'BLE MR. JUSTICE ANIL KUMAR UPMAN

                                     Order

12/09/2023

By way of filing of the instant miscellaneous petition,

challenge has been made to the order dated 07.09.2022 passed

by learned Addl. Sessions Judge, Badi, District Dholpur in Criminal

Case No.358/2022 (Sessions Case No.03/2014) arising out of FIR

No.100/11 registered at PS Kanchanpur, whereby the prayer made

by the petitioner for releasing his 12 bore gun HPM No.2934 on

supurdagi has been declined.

In Sessions case No.03/2014 (State vs Ransingh & Ors.),

arising out of FIR No.100/11, PS Kanchanpur, the petitioner along

with other accused persons were charged for the offences under

Sections 449, 113/302, 302/34 IPC and Section 27 of the Arms

Act and during investigation of the aforesaid case, 12 bore gun of

the petitioner was seized by the investigating agency. Vide

judgment dated 18.07.2018, the learned Addl. Sessions Judge,

[2023:RJ-JP:22411] (2 of 3) [CRLMP-8688/2022]

Badi, acquitted the petitioner and other accused persons from the

charges while giving them benefit of doubt. Vide judgment dated

18.07.2018, it was also directed that after expiry of the limitation

period of appeal, the gun recovered and seized in the case shall be

deposited in the Armoury (Shashtraghar). The judgment dated

18.07.2018 was not challenged by way of filing an appeal and

hence, the same attained finality. The petitioner thereafter in the

year 2022, moved an application for release of the aforesaid

12 Bore gun on supurdagi before the learned Addl. Sessions

Judge, Badi, District Dholpur inter alia alleging that his gun is lying

unused at Police Station Kanchanpur and soon it would become

out of order. However, the learned court below vide its order dated

07.09.2022 rejected the application of the petitioner for releasing

the gun on supurdagi observing that this Court himself has

directed to deposit the gun of the petitioner in the Armoury

(Shastraghar) after period of limitation of appeal and as such, this

Court being a criminal court cannot interfere its own order. Hence

this petition has been filed by the petitioner.

It is submitted by learned counsel for the petitioner that the

petitioner is having the license of the aforesaid gun which has

been seized by the investigating agency in connection with the

aforesaid case. He submits that the petitioner being the license-

holder of the gun is the person best entitled to get back the

possession of the seized property. The petitioner has been

acquitted of the charges by the learned court below and the said

judgment of acquittal has not been challenged and it had attained

finality. The gun is lying unused in the police station since the year

2018 and it would become out of order. He further submits that

[2023:RJ-JP:22411] (3 of 3) [CRLMP-8688/2022]

the license of the gun issued in favour of the petitioner has

already expired and an application for renewal of the same has

also been filed by the petitioner. He thus, prays that directions

may be given to the learned trial court for release of the

afore-stated gun to the petitioner.

Learned Public Prosecutor opposes the criminal

miscellaneous petition.

Considering the arguments advanced by learned counsel for

the petitioner and learned Public Prosecutor and after going

through the material available on record, it is apparent that the

judgment acquitting the petitioner and other accused persons has

attained finality as it has not been challenged and the period of

limitation of filing appeal has also lapsed way back in the year

2018 itself. It has been submitted by counsel for the petitioner

that the license of the gun has expired and application for renewal

of the same is pending before the concerned authority. Since, the

license of the petitioner has expired, direction to release the 12

bore gun HPM No.2934 in favour of the petitioner cannot be given

at this stage. However, it is directed that if application of the

petitioner for renewal of the license is pending before the

concerned authority and such application is accepted by the said

authority and the license of the petitioner is renewed, in that

eventuality, the learned trial court is directed to release the gun

(12 Bore HPM No.2934) in favour of the petitioner.

With the aforesaid directions, the misc petition is disposed

of.

(ANIL KUMAR UPMAN),J

Sudhir Asopa/

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