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2014 DIGILAW 2477 (ALL)

Ram Lakhan Ojha v. State of U. P.

2014-08-13

VIPIN SINHA

body2014
JUDGMENT Hon'ble Vipin Sinha, J. Sri Tripathi B.G. Bhai, learned counsel for O.P. No. 2 has filed counter affidavit today, which is taken on record. Rejoinder affidavit filed today is also taken on record. Heard learned counsel for the parties. 2. The present application under Section 482 Cr.P.C. has been filed against the order dated 24.10.2013 by means of which the application of the applicant for release of Rifle has been rejected on the sole ground that it is case property. 3. On 28.04.2014, this Court has passed an order asking the learned A.G.A. to seek instructions as to why the rifle could not be released in favour of the applicant as no purpose would be served in keeping the said rifle in Armoury/Malkhana of the police or file an affidavit in this regard but no affidavit has been filed. 4. In view of aforesaid facts and circumstances of the case, This Court feels that no purpose would be served in keeping the rifle in Armoury/Malkhana and as such, if no other case is pending against the applicant the rife of the applicant may be released after complying with the conditions as laid down by the Hon'ble Supreme Court in the case of Sunder Bhai Ambalal Desai Vs. State of Gujarat passed in Special Leave Petition (crl.) 2745 of 2002 on 01.10.2002 and court below may impose certain conditions like an undertaking from the applicant that he will not dispose of or sale the same licensed gun and shall also produce the said weapon as and when required by the Court. After taking such undertaking as deemed fit, the rifle may be released within a period of 15 days from the date of production of certified copy of this order. The application is accordingly is disposed off finally.