In this criminal revision, the High Court dismissed the revision filed by Noor Mohd. against an order rejecting his application to release a rifle and gun. The Court held that the Sessions Judge lacked jurisdiction to review its own order.
Criminal revision dismissed holding Sessions Judge had no jurisdiction to review its own order regarding release of firearms.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 28
Case :- CRIMINAL REVISION No. - 566 of 2001
Revisionist :- Noor Mohd. Opposite Party :- State Of U.P. Counsel for Revisionist :- S.S. Rajput Counsel for Opposite Party :- Govt. Advocate
Hon'ble Umesh Chandra Tripathi,J.
List has been revised. No one is present on behalf of revisionist to argue the case.
Heard learned A.G.A. for State.
This criminal revision has been preferred against the order dated 28.11.2000 passed by XIVth Additional Sessions Judge, Aligarh in Sessions Trial No. 443/2000 (State Vs. Chhotey Khan) under Section 307 I.P.C. and 25 Arms Act, P.S. Gabhana, District Aligarh, whereby the application of revisionist to release the gun and rifle in his favour, was rejected.
From the perusal of impugned order, it appears that revisionist has presented application before Magistrate for releasing rifle and gun, and that application was rejected. Against rejection order, Revision No. 308/1996 has been preferred, which was dismissed.
This is the second application for releasing of rifle and gun before Sessions Judge. Sessions Judge has no jurisdiction to review its own order.
In view of above, there is no illegality in the impugned order passed by Additional Sessions Judge, Aligarh.
In the result, instant criminal revision is dismissed. Order Date :- 10.5.2018 Sharad/-
2 issues framed by the court
Whether the Sessions Judge has jurisdiction to release a gun and rifle against its own previous rejection order.
Whether the impugned order rejecting the application for release of firearm is illegal.
2 provisions across 2 enactments
Noor Mohd.
State Of U.P.
Umesh Chandra Tripathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
