In this revision petition under Section 482 Cr.P.C., the High Court of Orissa declined to interfere with lower court orders rejecting the petitioner's application for release of his seized firearm, citing misutilization of the license and evidentiary requirements during trial.
Petition for release of gun dismissed; lower court orders confirmed.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLMC No.508 of 2021
Hareram Naik
…. Petitioner
Mr.S.Dwibedi, Advocate
-versus-
…. State of Odisha Opposite Party Mr.P.K.Maharaj,
Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA ORDER 16.12.2021.
Order No.
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own protection, it should have been released in his favour. As regards the question of identification during trial, it is submitted that the Petitioner is ready and willing to produce the gun as and when required. Mr. Dwibedi has relied upon a decision of this Court passed on 3rd May, 2018 in Crl. Revision No.222/2018 in support of his contentions.
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conduct in dealing with the fire-arm carelessly raises several questions. In the case relied upon by Mr. Dwibedi, the gun was not used for committing any offence but was found in possession of the Petitioner therein and since he had a valid license and had not used the same for hunting or any other purpose, this Court directed the gun to be released in his favour. The facts of the said case are entirely different from that of the present case inasmuch as here, the gun was specifically used to threaten the informant and his mother. After going through the orders passed by the learned S.D.J.M., as confirmed by learned Sessions Judge, this Court finds no justified reason to interfere therewith as releasing the gun at this stage may cause prejudice to the prosecution during trial as identification thereof is a vital piece of evidence.
Urgent certified copy of this order be granted on proper application.
(Sashikanta Mishra) Judge
A.K.Behera
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3 issues framed by the court
Whether the gun license holder is entitled to release of the seized firearm utilized for offending under Section 457 Cr.P.C.
Whether the Sessions Court's refusal to release the gun due to identification needs and misutilization of firearm is sustainable
Whether the petitioner's explanation for leaving gun in possession of accused sufficiently justifies release of firearm
Colour shows how this judgement treated each authority
Crl. Revision No.222/2018Distinguished¶26
2 provisions across 1 enactments
Hareram Naik
State of Odisha
Sashikanta Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
