Deendayal vs State of U.P. and 2 Others — Murder and Culpable Homicide | Allahabad HC (2025)

Deendayal vs State of U.P. and 2 Others — Murder and Culpable Homicide | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim directions only: notice ordered to opposite party no.2 returnable at an early date; counter affidavit permitted within four weeks and rejoinder affidavit within two weeks thereafter; matter listed as fresh after six weeks before the appropriate Bench. No final decision taken on quashing the impugned order or releasing the gun.

Issue for consideration

Whether the applicant's licensed gun (SBB1, 12 bore, Gun No.7956, Licence No.14/1980), kept as case property in Case Crime No. 117 of 1984 (S. 302 I.P.C.) even after Teekaram's conviction and the abatement of his appeal, ought to be released to the applicant — i.e., whether the trial court erred in rejecting the release application.

Court's answer

On considering the facts and circumstances, the Court found that a prima facie case is made out for interference.

Ratio / Principle

The Court directed that notice be issued to opposite party no.2, returnable at an early date; the opposite parties may file a counter affidavit within four weeks, rejoinder affidavit within two weeks thereafter, and the case is to be listed as fresh after six weeks before the appropriate Bench. The challenge to the impugned order remains undecided at this interim stage.

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Jitendra Kumar Sinha, J.), Application U/S 528 BNSS No. 15804 of 2025 — Deendayal v. State of U.P. & 2 Others, Order dated 19.8.2025. The applicant sought quashing of the order dated 13.01.2025 passed by the Incharge Additional Session Judge-VI, Pilibhit, rejecting his Misc. Application for release of his licensed SBB1 12-bore gun (Gun No.7956; Licence No.14/1980), held as case property in Case Crime No. 117 of 1984 under Section 302 I.P.C., P.S. Gajraula, District Pilibhit. Counsel submitted that Teekaram, convicted and sentenced to imprisonment for life, had his appeal abated by this Court vide order dated 07.12.2018, leaving no surviving proceeding in the case crime. Finding a prima facie case made out, the Court ordered notice to opposite party no.2, permitted a counter affidavit within four weeks and rejoinder within two weeks thereafter, and listed the matter as fresh after six weeks before the appropriate Bench. Interim stage only; final decision pending.

Court No. - 89 Case :- APPLICATION U/S 528 BNSS No. - 15804 of 2025 Applicant :- Deendayal Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhilesh Kumar Tiwari,Rabindra Tiwari Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Heard Mr. Rabindra Tiwari, learned counsel for the applicant and Mr. Manoj Gautam, learned A.G.A. for the State.

The present application has been filed with prayer to quash the impugned order dated 13.01.2025 passed by the Incharge Additional Session Judge-VI, Pilibhit passed against the Misc. Application filed to release the SBB1 Gun of the applicant having Gun No.7956 of 12 Bore and Licence No.14/1980 in Case Crime No. 117 of 1984, under Section 302 of I.P.C., P.S.- Gajraula, District- Pilibhit.

It is contended by the learned counsel for the applicant that the learned trial court has rejected his application for release of the licenced gun in his favour. He further submits that the said licenced gun was the case property of Case Crime No. 117 of 1984 under Section 302 I.P.C. He further submits that one Teekaram has been convicted and sentenced to imprisonment for life by the learned trial court and the licenced gun of the applicant was wrongly kept as case property of that case. He further submits that appeal of the said Teekaram has stood abated by this Court vide order dated 07.12.2018 and now no proceeding in respect of above case crime is surviving. He further submits that in view of above a case is made out for release of licenced gun in his favour and learned trial court has erred in rejecting his application.

Considering the above facts and circumstances, a prima facie case is made out.

Let notice be issued to opposite party no.2 returnable at an early date.

Opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.

List this case as fresh after six week before the appropriate Bench.

Order Date :- 19.8.2025 Virendra

Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad