In order to constitute the offence under Section 188 of the Indian Penal Code, 1860, it has to be established that there was a lawful order promulgated by a public servant empowered to promulgated it; the accused must have knowledge of the promulgation such order; disobedience of such order by the accused; such disobedience tends to or has certain consequences such as annoyance, obstruction, injury, etc.

JUDGMENT :

Shampa Dutt (Paul), J.

1. The present revision has been preferred praying for quashing of proceedings being G.R. Case No. 637/2014 arising out of Bowbazar Police Station Case No. 209 of 2014 dated 10.05.2014 under Section 188 of the Indian Penal Code, 1860 read with Section 30 of the Arms Act, 1959 presently pending before the Learned 12th Metropolitan Magistrate, Calcutta and Order dated 09.04.2019 passed by the Leaned 12th Metropolitan Magistrate, Calcutta, thereby rejecting the petitioner’s prayer for discharge in connection with G.R Case No.637 arising out of Bowbazar Police Station Case No.209 of 2014 dated 10.05.2014 under Section 188 of the Indian Penal Code, 1860 read with Section 30 of the Arms Act, 1959.

2. The petitioner’s case is that the petitioner is aged about 57 years and is a law abiding citizen of India. He is a permanent resident of 6/4, Pashupati Bhattacharya Road, Police Station-Behala, Kolkata-700 034 and is a businessman by profession.

3. The petitioner is a holder of a licensed arm, being one 32 Bore Revolver No. C-2993, issued to him in 2001 under License No.1559/July/2001/Kol by the Reserve Forest, Arms Act Department, Kolkata. In the said license, the petitioner’s initial residential address was recorded as 10, Ganesh Chandra Avenue, Police Station-Bowbazar, Kolkata – 700013.

4. In 2006 the petitioner moved his permanent residence to 6/4, Pashupati Bhattacharya Road, Police Station-Behala, Kolkata-700 034, which is registered in the name of his Partnership Firm. By a letter dated 16.12.2006, addressed to the District Magistrate, South 24 Parganas, Bhabani Bhaban, Kolkata, the petitioner informed inter alia about the change in his permanent residential address and that he would henceforth keep his licensed arm in the abovementioned changed address. The petitioner also requested the said addressee to make the necessary changes in the records of the Department pertaining to the change in his residential address. Copy of the letter at page 35 to the revisional application bears seal of receipt of the department dated 02.01.2007. Copy was sent to the DC, AAD, Lal Bazar, Kolkata-1.

5. The petitioner’s arm’s license is required to be renewed periodically and the petitioner has done so in order to continue to be in lawful possession of the said arm.

6. In 2014, the Election Commission of India issued a notice to all the licensed arms holders to deposit their arms under Sections 17/21 of the Arm's Act, 1959. In compliance with such direction given by the Election Commission of India, the petitioner deposited his licensed arm on 08.04.2015. The petitioner was also given a receipt dated 08.04.2015 against the deposit of his licensed arm.

7. That in pursuance of the letter dated 30.04.2014 of the Deputy Commission of Police, Reserve Forest, Arms Act Department, on 10.05.2014, the Officer-in-Charge of the Bowbazar Police Station sent a list of the licensed arms holders who had failed to deposit their licensed arms in compliance with the direction of the Election Commission of India. The name of the petitioner also featured on the said list at Entry No.27. That despite the request made by the petitioner to the District Magistrate, South 24 Parganas, Bhabani Bhaban, Kolkata to make the necessary changes in the Department's records pertaining to the petitioner's changed residential address, the list of defaulters dated 10.05.2014 unequivocally indicates that the Department made no effort at updating their records pertaining to the change in the petitioner’s residential licence in 2008 itself. Consequently, on the basis of the list of defaulters dated 10.05.2014, the Office-In-Charge of the Bowbazar Police Station (ASI Dipankar Gorain) filed a suo motu complaint against the petitioner and 29 others for investigation, registered as Bowbazar Police Station Case No.209 dated 10.05.2014 under Section 188 of the Indian Penal Code, 1860 read with Section 30 of the Arms Act, 1959 alleging inter alia that the accused pers