Allowed

Manoj Kumar Singh v. the State of Jharkhand

Jharkhand HC18 Mar 2024Cr.M.P./180/2024

Case brief

AI extract

What is this about?

Petitioner, an ex-Army personnel on bail with a licensed pistol and seven live cartridges seized during a rioting case, sought quashing of orders rejecting release of the seized weapon. The High Court held both orders illegal since there was no allegation of use of the pistol, quashed them and directed release upon indemnity bond and undertakings.

What did the court decide?

Orders dated 12.05.2023 and 25.04.2023 quashed; trial court directed to release seized pistol and seven cartridges on indemnity bond of Rs.1 lakh with two solvent sureties and undertakings.

Manoj Kumar Singh Vs the State of Jharkhand — Quashing and FIR | Jharkhand HC (2024)

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Cr.M.P. No.180 of 2024

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IN THE HIGH COURT OF JHARKHAND AT RANCHI Cr.M.P. No. 180 of 2024

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Manoj Kumar Singh, aged about 59 years, son of Shiv Kumar Singh, resident of Bhuli Basti, Shiv Nagar, Dhaljori, P.O.-A Block, P.S.-Bhuli, Dist.-Dhanbad

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.... Petitioner

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Versus

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The State of Jharkhand

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…. Opp. Party

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P R E S E N T

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HON’BLE MR. JUSTICE ANIL KUMAR CHOUDHARY

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For the Petitioner : Mr. R.S. Mazumdar, Sr. Advocate : Mrs. Jasvindar Mazumdar, Advocate For the State : Mr. Shailesh Kr. Sinha, Addl. P.P.

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By the Court:-

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Heard the parties.

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This criminal miscellaneous petition has been filed invoking the jurisdiction of this Court under Section 482 Cr.P.C. with a prayer to quash the order dated 12.05.2023 passed by the learned Sessions Judge, Dhanbad in Cr. Revision No. 72 of 2023 whereby and where under, the criminal revision has been dismissed and also for quashing the order dated 25.04.2023 passed in M.C.A. No. 4349 of 2022 by the learned Chief Judicial Magistrate, Dhanbad whereby and where under, learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 224 of 2022 rejected the petition filed by the petitioner for release of pistol and seven cartridges.

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Cr.M.P. No.180 of 2024

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The allegation against the petitioner is that the petitioner being the member of unlawful assembly was indulging in rioting in a hospital and the petitioner threatened the police personnel by bringing out the pistol which was seized by the police.

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It is submitted by the learned Senior Advocate appearing for the petitioner that the petitioner is an ex-Army personnel and he has been admitted to bail. It is further submitted by the learned Senior Advocate appearing for the petitioner that the petitioner has a valid licence for carrying the pistol which has been verified by police during the investigation of the case and he undertakes to produce the pistol as and when required by the court. It is further submitted by the learned Senior Advocate appearing for the petitioner that there is no allegation of use of any arms by the petitioner for any illegal purpose. Hence, it is submitted that the order dated 12.05.2023 passed by the learned Sessions Judge, Dhanbad in Cr. Revision No. 72 of 2023 and the order dated 25.04.2023 passed in M.C.A. No. 4349 of 2022 by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 224 of 2022 be quashed and set aside.

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Learned Additional Public Prosecutor on the other hand opposes the prayer for quashing the order dated 12.05.2023 passed by the learned Sessions Judge, Dhanbad in Cr. Revision No. 72 of 2023 and the order dated 25.04.2023 passed in M.C.A. No. 4349 of 2022 by the learned Chief Judicial Magistrate, Dhanbad in connection with Dhanbad P.S. Case No. 224 of 2022. It is next submitted by learned Addl. P.P. that since the petitioner display the pistol in hospital to the police so there is every chance of his indulging in similar activity if the pistol is released in his favour hence, both the courts below

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Cr.M.P. No.180 of 2024

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have not committed any illegality in rejecting the prayer for release of the pistol. Hence, it is submitted that this criminal miscellaneous petition being without any merit be dismissed.

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Having heard the submissions made at the Bar and after going through the materials in the record, it is pertinent to mention here that the petitioner is ex-Army personnel. There is no allegation of use of the pistol by him. Undisputedly, he is having a licence for possessing the pistol along with live cartridges.

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Under such circumstances, this Court is of the considered view that the trial court being the learned Chief Judicial Magistrate, Dhanbad in its order dated 25.04.2023 passed in M.C.A. No. 4349 of 2022 in connection with Dhanbad P.S. Case No. 224 of 2022 and the learned Sessions Judge, Dhanbad in Cr. Revision No. 72 of 2023 have committed illegality by not releasing the seized pistol along with seven live cartridges in favour of the petitioner upon his furnishing undertaking to produce the same in the court as and when directed by the court.

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Hence, the said two orders being not sustainable in law are quashed and set aside.

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The learned trial court is directed to release the seized pistol along with seven cartridges upon the petitioner filing indemnity bond of rupees one lakh with two solvent sureties each upon undertaking to produce the pistol and the seven cartridges as and when required by the court during the trial of the case and also undertaking that he will no more show the pistol to the police personnel and will use the same only for his self defence as well he will not change the ownership of the pistol and the live cartridges and any other conditions to be imposed by the trial court.

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4 Cr.M.P. No.180 of 2024

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In the result, this criminal miscellaneous petition is allowed.

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(Anil Kumar Choudhary, J.)

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High Court of Jharkhand, Ranchi Dated the 18^th March, 2024 AFR/Sonu-Gunjan/-

Manoj Kumar Singh v. the State of Jharkhand

Case brief

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Manoj Kumar Singh v. the State of Jharkhand

Case brief

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