A single hearing order in an application under Section 482 Cr.P.C. filed by Haroon Khan seeking direction to police to register FIR for lost revolver. The court granted time to the State to file a counter affidavit.
Three weeks' time granted to the State to file counter affidavit.
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Court No. - 27 Case :- APPLICATION U/S 482 No. - 4584 of 2024 Applicant :- Haroon Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Another Counsel for Applicant :- Aviral Raj Singh,Ashutosh Verma,Palash Banerjee,Purnendu Chakravarty,Ritwick Rai,Vaibhav Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Shamim Ahmed,J.
Sri Purnendu Chakravarty, learned counsel for the applicant submits that licensed revolver bearing no.1151101332 of the applicant was lost and its license is valid upto 17.11.2025. Information of which was given to the concerned police, however, no F.I.R. was lodged by the police. Being aggrieved, the applicant approached the concerned Magistrate by filing application under Section 156(3) Cr.P.C., however, the same has been rejected by the learned Magistrate vide order dated 25.08.2021 without application of judicial mind.
He further submits that the applicant has approached the learned Revisional Court against the order of learned Magistrate dated 25.8.2021, however, the same has also been rejected by the learned Revisional Court vide order dated 19.04.2024 in an arbitrary manner without application of judicial mind.
Thus, he submits that the applicant is aggrieved that if some incident took place by the alleged lost weapon, then it is not the responsibility of the applicant as the State has denied to lodge the F.I.R. and even though the learned Magistrate has passed the impugned orders without considering the seriousness of the matter.
Sri Ashok Kumar Singh, learned A.G.A.-I alongwith Sri Bhasker Mal, learned A.G.A. for the State submits that before passing of any order, they may be given some time to file counter affidavit.
Accordingly, three weeks' time is granted for filing counter affidavit. Rejoinder affidavit may also be filed within a week thereafter.
Put up this case on 08.07.2024 before appropriate Bench.
Order Date :- 21.5.2024 Saurabh
Digitally signed by :- SAURABH VERMA High Court of Judicature at Allahabad, Lucknow Bench
1 issue framed by the court
Whether the applicant is entitled to immediate hearing in application under Section 482 Cr.P.C. for filing of FIR regarding lost weapon.
2 provisions across 1 enactments
Haroon Khan
Shamim Ahmed
As recorded by the court registry
6 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
